Opinion
April 9, 1925.
Joseph Gans, for the appellant.
Robert S. Dubois, for the respondent.
Judgment unanimously reversed upon the law and a new trial ordered, with thirty dollars costs to the appellant, for the determination of the amount of commission only.
It is undisputed that defendant authorized the plaintiff to find a customer for his store and that defendant knew that plaintiff would ask for a commission, although defendant claims there was no talk about a commission. That plaintiff induced Grill to consider the purchase of the store is undisputed. The fact that plaintiff did not participate in the negotiations makes no difference; nor is the right to commission affected by the fact that the defendant, as he claims, did not know that plaintiff sent Grill to him. ( Metcalfe v. Gordon, 86 A.D. 368, and cases cited.) There is, therefore, no controverted question of fact except the amount of commission.
Present: CROPSEY, LAZANSKY and MacCRATE, JJ.