Feist & Feist v. Bloomfield Bank & Trust Co.

The opinion of the court was delivered by

Parker, J.

This is a broker’s suit for commissions on the sale of real estate. There was a nonsuit in the trial court, and the sole ground of appeal is the granting of such nonsuit.

The complaint was in two counts: the first, based on a written authority stating the rate of commission; the second counting on an alleged oral agreement followed by written notice to the owner, as contemplated by chapter 273 of the laws of 1918. Pamph. L., p. 1020.

We conclude that the nonsuit was right. The written authority is to be found in two letters, which were put in…