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KAELIN v. WARNER

27 N.Y.2d 352 (1971)

James A. Kaelin, Respondent, v. Wilmot H. Warner et al., Appellants.

Court of Appeals of the State of New York.

Decided January 13, 1971.

Attorney(s) appearing for the Case

J. Leo Saxstien for appellants.

Edgar Hills for respondent.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Chief Judge FULD.

In this action to recover real estate brokerage commissions, the courts below held in favor of the plaintiff. We reach a different conclusion.

The defendants, who owned a farm located in the Town of Riverhead, Long Island, listed it with the plaintiff, a licensed real estate broker, for sale at a price of $100,000 — later increased to $100,500 — with terms to be arranged...

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