Bergoffen v. Glasser

Levy, J.:

This is an action for brokers’ commissions. Plaintiffs predicate their rights to judgment on the fact that they were the first to call the attention of the purchaser to the offer of the defendant to sell his property, their position being that they were thus the procuring cause of the sale. Defendant denies that plaintiffs were entitled *357to the commission and alleges that another, one Schwartz, actually negotiated the sale. To .bring themselves within the rule which makes requisite to recovery for broker’s commissions, the allegation and proof that the parties seeking to recover were…