J. I. Kislak, Inc. v. Judge

The opinion of the court was delivered by

Parker, J.

This is a broker’s suit for commission for procuring a purchaser of real estate for the defendant under written contract. The property was not conveyed, because it turned out that defendant and his wife were tenants by the entirety, and the latter did not employ the broker and refused to join in the deed, although the defendant himself was satisfied with the purchaser, price and terms, and was willing to convey, but for the reason mentioned could not make title. The simple question, therefore, is whether a broker is to be deprived of the…