Staula v. Carrol

This is an action by a real estate broker to recover a commission. The facts appear in a report by a judge of the Municipal Court. The defendant employed the plaintiff to sell two pieces of real estate, and promised him as a commission all that he should obtain above $10,000. The plaintiff obtained a customer able, ready and willing to pay $10,500, but the defendant refused to sell. The plaintiff brought this action to recover $500. The judge *694found for the plaintiff in that sum, and the Appellate Division dismissed the report. The defendant appealed.

Ordinarily a broker earns a commission when…