Davidson v. Howell

Order affirmed, with $10 costs and disbursements.

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 complaint 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.