Spero v. Kobler

The contract for payment of broker’s commissions is expressed in plaintiff’s letter as follows:

“ I am the only broker in the transaction. * * *

*592“ I am to receive $2,000 as full payment for commission in the transaction; $500 to be paid on the signing of the contract and the balance, if, as and when title is taken by the purchaser.”

On the signing of the contract plaintiff received $500 as stipulated in the letter. When the parties met to close title February 2, 1931, the representative of the title company for the first time reported that within a few days a verified complaint and lis pendens…