The opinion of the court was delivered by BIGELOW, J.A.D.
The appellant, a real estate broker, sues for the unpaid half of a commission earned on the sale of land. The trial court held that plaintiff's right was contingent on delivery of the deed and rendered judgment for defendants inasmuch as the deed had not been delivered.
By the contract between the parties to the action, the defendant agreed to pay a commission of $750 "in consideration
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