Consolidated Trading Corp. v. Roth

Plaintiff, appellant, sues to recover a commission for the sale of 40,000 pairs of used shoes owned by defendant. Plaintiff claims it was employed to sell these shoes for a commission equal to the excess of the purchase price over 45 cents a pair; that it procured a buyer, Yispa Trading Corporation, which offered to purchase the entire amount of shoes at 60 cents a pair; that this buyer was accepted by defendant and a binding agreement entered into between seller and buyer; that thereby defendant became liable to plaintiff for the amount of $6,000; that defendant has paid plaintiff the sum of…