McKee v. Rogers — 22 N.Y.S. 1128

Majority

p. 1128

McKEE et al., Respondents, v. ROGERS, Appellant

(Common Pleas of New York City and County, General Term.

March 6, 1893.)

Headnote

Appeal from district court.

Action by Moses M. McKee and another against James Rogers to recover commissions as brokers. “ ■

Argued before BISCHOFF and PRYOR, JJ.

James A. Deering, for appellant.

A. G. N. Yermilyea, for respondents.

The case is close, and not free from doubt; but, on all the evidence, we are of opinion that the proof was insufficient to warrant the inference that the broker procured a purchaser ready to buy on the terms of the defendant’s offer. Judgment reversed, and new trial ordered, costs to abide event.