Sices v. Ungerleider

The very expression “ when, as and if issued ” indicates the possibility that a principal transaction might never be consummated. But notwithstanding such eventuality, the broker having performed the services is entitled to commission.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Ltd on,. Levy and Frankenthaler, JJ.