Nichols v. Greenstreet

I am of the opinion that under a general denial the defendant was entitled, in defeat of plaintiff’s claim, to tender proof that the latter had entered into a secret agreement to receive commissions from the party with whom defendant made a contract for the exchange of properties. Brierly v. Connelly, 31 Misc. Rep. 268; Norman v. Reuther, 25 id. 161; Abel v. Disbrow, 15 App. Div. 536; Chatfield v. Simonson, 92 N. Y. 209. That the plaintiff had a secret agreement for the receipt of $2,000' as commissions from the party who purchased defendant’s property was clearly established, and it-only…