Majority
Headnote
Action by Julius Levy and another against Fannie Cohen for brokers’ commissions. There was a judgment in favor of defendant, and plaintiffs appeal. Affirmed. Leon Sanders, for appellants. A. E. Hagaman, for respondent.According to the facts as we must assume the justice found them, the plaintiffs were promised compensation in case they, as brokers, brought to the defendant a purchaser willing and able to purchase defendant’s premises, upon terms to be thereafter agreed upon between such purchaser and the defendant. The plaintiffs did introduce a prospective purchaser, but such purchaser and the defendant could not agree upon the terms, and their minds never met. The plaintiffs therefore never earned their commission. There was sufficient evidence upon which the justice could find as here stated, and upon this ground the judgment should be affirmed. That being so, the result is the same, whether the written promise of the plaintiffs to wait for the payment of their commission until the title should be passed be treated as part of the original contract, as claimed by the defendant, or as a promise by the plaintiffs without consideration, because made subsequent to their contract with the defendant. 'Judgment should be affirmed. Judgment affirmed, with costs to respondent.