Opinion
June 20, 1949.
Present — Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ. [See post, p. 1003.]
In an action by respondent to recover commissions alleged to have been earned by her as a broker, by the production of a purchaser ready, able and willing to purchase appellant's real and personal property, on appellant's terms, appellant contended that respondent had signed a written agreement, providing that her commissions should be paid only if title should pass in accordance with a contract of sale executed by appellant, and that in the event title should not pass, even though the failure of title to pass should be due to appellant's refusal to perform the contract, no commissions should be payable. The contract was not performed by appellant, and title to the property provided to be sold did not pass. Respondent contended that her signature to the written agreement had been procured by fraud on the part of appellant's attorney as to the provisions of the agreement, which she signed without reading. Judgment in favor of respondent, entered on the verdict of a jury, unanimously affirmed, with costs. No opinion.