Opinion
October 4, 1943.
In an action to recover commissions for the sale of real property, order denying appellant's motion for an order of interpleader, permitting it to pay into court, to the credit of this action, the sum of $1,500, the amount in litigation, and providing that upon payment of such amount the appellant be discharged of liability to the plaintiff and to defendant Smith, affirmed, with ten dollars costs and disbursements to respondent Smith. We are of opinion that this record requires a determination of the issues involving not only the respective rights of the claimants, but the good faith of the trustee in entering upon a second contract, in which the plaintiff is recognized as the broker, to sell the same property to the same interests, at the same price and upon the same terms and conditions as that previously executed by the trustee, which recognized defendant Smith as the broker. Close, P.J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.