Opinion
March 25, 1952.
Present — Cohn, J.P., Callahan, Van Voorhis, Shientag and Foster, JJ.
Appeal by defendants from a judgment in favor of plaintiff in the sum of $10,754.18 after a nonjury trial before KNOWLES, J., in an action for brokerage commissions. Formal findings were waived but the judgment herein was necessarily based on the trial Justice's conclusion that the terms of an agreement of sale were reached between the parties when they met at an attorney's office on March 10, 1950. The proof in support of this conclusion is insufficient. The attorney who prepared the proposed agreement of sale, upon which much reliance is placed by the plaintiff, represented only one of the individual defendants, and a finding that the other defendant ratified his negotiations rests upon too tenuous a basis to support the judgment appealed from. Nor is there evidence that the attorney was authorized by his client to set a price and terms for the sale. Judgment unanimously reversed, with costs to the appellant, and the complaint dismissed, with costs. Settle order on notice reversing any findings inconsistent therewith.