FINLEY, J.
This is an action to recover one third, or $1,333, of the proceeds realized by defendant from the foreclosure and sale of a chattel mortgage.
Paul R. Gertz, a real-estate broker doing business as Paul R. Gertz & Company, sold an interest in a hotel to Howard F. Smith. On the transaction, Gertz earned a commission of $2,500, which was to be paid by Mr. Smith. On November 22, 1949, Mr. Smith gave his note, secured by a chattel mortgage on personal...
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