Samuel Phillips, Appellant, v. John Kraft and Luise Kraft, Respondents., 136 A.D. 859

Summary

The broker and home sellers entered into an agreement whereby the broker would earn his commission fee by procuring a buyer for the home sellers' property. The broker brought them a prospective purchaser, who made them a deposit, and they signed a receipt. The home sellers then insisted the buyer also pay taxes and changed other terms as well. The home sellers would not agree to the buyer's proposition in regard to the taxes and no contract was signed. The lower court dismissed the broker's action to collect his commission but the court reversed and ordered a new trial. The court found the broker procured a purchaser ready, able, and willing to complete the purchase, upon the terms prescribed in the home sellers' writing. The court found the broker should not have been deprived of the commission he earned.