Opinion
May 13, 1938.
Appeal from Supreme Court of Albany County.
Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.
The plaintiff claimed that the defendants, while acting as her agents for the purpose of selling real estate, violated their trust and made a secret profit on the transaction. The official referee found that no agency existed and that the defendants were acting for the seller and not for the buyer and that they had not been employed by the plaintiff. The facts sustain this finding. Judgment unanimously affirmed, with costs.