Walsh v. Braden

At the time plaintiff was engaged as broker, she was not advised of any of the important terms of sale of the real estate but these were all left for future negotiation. In the circumstances, commissions were not earned by the broker until the customer reached an agreement with the owner or his agent upon the price and the other essential terms upon which a sale could be made. [Arnold v. Schmeidler, 144 App. Div. 420, 427; Gallagher v. Dullea, 199 id. 119.) The testimony of plaintiff’s witnesses failed to establish that there was ever a meeting of the minds between the prospective buyer and…