Licata v. Allen

A prima facie ease for plaintiff’s commissions as a real estate broker against the defendant Meals was made out. The employment of defendant Meals was admitted in the answer. A contract of sale and purchase was entered into between him and certain third parties who had been brought to him by the plaintiff. Plaintiff’s commissions were fixed by agreement as three per cent of the purchase price. The nonsuit as to Meals was, therefore, erroneous. Colvin v. Post Mortgage & Land Co., 225 N. Y. 510; Gilder v. Davis, 137 id. 504; Charles v. Cook, 88 App. Div. 81.) As to the other defendants there…