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KALMANSON v. CALLAHAN

276 A.D. 983 (1950)

John Kalmanson, Doing Business as Parkview Realty Co., Respondent-Appellant, v. John Callahan, Respondent, and Peter Callahan et al., Appellants-Respondents

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

February 27, 1950.

As so modified, the judgment is affirmed, with costs against the plaintiff and to defendant John Callahan.

The contract negotiations of the seller and defendant Peter Callahan, one of the purchasers, and their consummation of an agreement on terms which differed from those which the seller set forth to the plaintiff, does not preclude recovery for brokerage. (Colvin v. Post Mtge. & Land Co., 225 N.Y. 510, 514; Hunt v. Becker, 173 App. Div. 9, 12...

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