Opinion
December 29, 1949.
Appeal from County Court of Albany County.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ.
The evidence is sufficient to justify the finding by the jury that the officers and agents of the defendant with whom the plaintiff dealt, had authority to sell the subject property, to employ the services of a broker for that purpose, and that plaintiff was so employed. Likewise, the evidence is sufficient to sustain the finding that the plaintiff produced a ready, able and willing buyer, who met the defendant's terms of sale, and whose offer for the premises was accepted by these officers and agents on behalf of the defendant. Having duly performed his part of the contract, the plaintiff is entitled to his commissions. Judgment unanimously affirmed, with costs to plaintiff-respondent.