GOSS v. WHITMORE


46 A.D.2d 949 (1974)

Elva Goss, Appellant, v. H. Calvin Whitmore et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 18, 1974


Prior to June 5, 1971, the plaintiff, a real estate broker, entered into a written agreement with the defendants for an open listing for the sale of their property in the Town of Meredith, Delaware County, State of New York. According to the testimony of the opposing parties at the trial, it was understood after their first meeting when the broker was employed that her commission would be paid from the proceeds of the sale at the time of closing. Thereafter, on June 5, 1971...

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