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MENGEL v. LAWRENCE

276 A.D. 180 (1949)

J. William Mengel, Respondent, v. Jessie C. Lawrence, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.

Attorney(s) appearing for the Case

Alexander B. Siegel of counsel (W. Mason Smith, Jr., with him on the brief; Van Vorst, Siegel & Smith, attorneys), for appellant.

Irving I. Hartman of counsel (Sundell & Hartman, attorneys), for respondent.

PECK, P. J., and GLENNON, J., concur with CALLAHAN, J., DORE, J., dissents and votes to reverse the judgment and to dismiss the complaint, in an opinion in which VAN VOORHIS, J., concurs.

CALLAHAN, J.

The defendant appeals from a judgment entered on the verdict of a jury in favor of the plaintiff, a real estate broker, in an action for commissions. The complaint proceeded on the theory that the plaintiff had procured a purchaser ready, able and willing to buy the defendant's property on the terms proposed by the defendant.

There was testimony by the plaintiff that he had been employed by...

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