Popper v. Korn

We think the complaint fails to allege that plaintiff performed the service which he alleges he was employed by defendant Korn to perform, viz., to procure a purchaser for Korn’s premises. The allegation that he “ interested ” the parties who subsequently1 purchased the premises, in said premises, is not an allegation that he was the procuring cause of the sale, but is consistent with a sale through some other broker, plaintiff’s services being merely to expedite or further the transaction. No cause of action for broker’s *514commissions is alleged against the defendant Marx. In fact plaintiff,…