Judgment affirmed, with costs.
Memorandum:
The purchase offer and acceptance, apparently prepared by plaintiff, constitutes the only evidence as to his agreement with defendant in this record. We construe this instrument as creating no obligation on the defendant to pay commissions unless the purchasers were ready, able and willing to carry out the terms of the agreement. As of the closing date it is conceded they could not perform. As of the later date when...
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