Davidson v. Howell

I dissent upon the ground that the plaintiffs procured a purchaser and, as part of the contract of purchase, agreed that “ neither of them shall be entitled to any commission whatsoever, unless title passes hereunder and this contract consummated.” The answer alleges that the contract never was consummated, that no title ever passed, and, therefore, upon the express condition of their employment, the plaintiffs were not entitled to recover.

Ho opinion. Present — Ingraham, P. J., McLaughlin,. Laughlin, Dowling and Hotchkiss, JJ.; Ingraham, P. J., dissented.