McKee v. Rogers — 51 N.Y. St. Rep. 944

Majority

p. 944

Moses M. McKee et al., Resp’ts, v. James Rogers, App’lt.

Headnote

Appeal from judgment of a district court, in an action for broker’s commission tried by the court.

James A. Deering, for app’lt; A. G. N. Vermilyea, for resp’ts.

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 to buy on the terms of the defendant’s offer.

Judgment reversed, and new trial ordered, costs to abide event.