Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to respondent to serve an amended complaint within ten days after the making of an order hereon.
The brokerage agreement, as alleged in the complaint, was that liability for commission was not to be incurred until the purchasers paid defendants a certain sum of money upon the execution of a "superseding contract" of sale, and that payment of commission was to be made at...
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