Opinion
November 23, 1942.
Action to recover broker's commission, alleged to have been earned in procuring a purchaser ready, able and willing to purchase a ship at the price and on the terms offered by the owner. Plaintiff moved for summary judgment under rule 113 of the Rules of Civil Practice, and the motion was denied. From the order denying the motion the plaintiff appeals. Plaintiff also appeals from an order entered on the granting of defendant's motion to dismiss the complaint under the said rule and from the judgment entered thereon. Orders and judgment affirmed, with ten dollars costs and disbursements. No opinion.
The contract was assigned prior to the law day to a purchaser to whom the condition precedent had no application.