Whiteley v. Terry

Action to recover a broker’s commission upon a sale of real estate. At the close of plaintiff’s case a motion was made to dismiss the complaint upon the ground that by chapter 128 of the Laws of 1901, section 640d, had been added to the Penal Code, as follows: “ In cities of the first and second class, any person who shall offer for sale any real property without the written authority of the owner of such property, or of his attorney in fact, appointed in writing, or of a person who has made a written contract for the purchase of such property with the owner thereof, shall be guilty of a…