Stern v. Gepo Realty Corp.

The agreement on which plaintiff relies expressly provided that commissions were to be paid on the sale of the hotel property “ when and if consummated.” Properly interpreted that means commissions were to be paid only if the agreement of purchase and sale was completely performed and title actually passed. (Amies v. Wesnofske, 255 N. Y. 156, 161.) On the closing date title did not pass, the buyer having rejected title. Defendant seller by its acts did nothing to prevent consummation *268of the sale. On the contrary, when the purchaser rejected title, the seller commenced an action against him…