Rintel v. Steinberg

Judgment modified by reducing the recovery to the sum of $525, and as so modified unanimously affirmed, without costs. Order denying defendant’s motion for a new trial upon the ground of newly-discovered evidence affirmed. This action was brought upon an express contract made by defendant to pay to plaintiff a commission at the rate of two and one-half per cent for the sale or exchange of his property, and not upon the theory that defendant breached a contract made with plaintiff to procure for him property in exchange for his own, knowing that the owner of the other parcel was to pay him a…