Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs.
In our opinion, the proof adduced on trial disclosed that decedent never accepted any offer made by the prospective purchaser but instead agreed with plaintiff when plaintiff informed him that he had a buyer who would pay $11,000 that he would sell the property for $11,000 "net", any commission to plaintiff to be paid by the purchaser. There was no proof that an acceptance of...
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