Appellant, the owner of Green Street premises in Schenectady, and respondent, a real estate broker, reached an agreement whereby the former was to receive $35,000, upon a sale of the property, and the latter the amount above said figure for his commissions, $10,000 to be paid down and the seller to take a second mortgage. In January, 1967, the broker brought to the owner Robert Loehr who offered to purchase for $40,000. Appellant accepted a $100 deposit on February 28, 1967...
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