Gelardin v. Flomarcy Co.

Garlabas", J.

Plaintiff has recovered a judgment for broker’s commissions on the sale of 4,000 tons of sugar for the account of defendant to a customer procured by plaintiff. The action proceeded on the theory that an enforcible contract for the sale of the sugar had been entered into and, therefore, the commissions were due and payable.

Plaintiff did not plead or prove that the customer was ready, able and willing to buy at the terms specified. He claims that the existence of the contract of sale relieved him of the necessity of proving these things. The negotiations between plaintiff,…