Goss v. Whitmore

Appeal from a judgment of the Supreme Court, entered December 10, 1973 in Delaware County, upon a decision of the court at a Trial Term, without a jury, dismissing the complaint. Prior to June 5, 1971, the plaintiff, a real estate broker, entered into a written agreement with the defendants for an open listing for the sale of their property in the Town of Meredith, Delaware County, State of New York. According to the testimony of the opposing parties at the trial, it was understood after their first meeting when the broker was employed that her commission would be paid from the proceeds of…