Leipsic

The plaintiff brought an action against the defendant to recover a broker’s commission, alleging that he produced a buyer ready and willing to buy and who offered to buy the mortgage, which defendant had offered to sell, on terms made by the defendant, and that the defendant’s offer was accepted by the buyer and he agreed to pay two per cent commission to the plaintiff upon consummation of the transaction.

This mortgage, prior to this time, had been hypothecated by the defendant at the Citizens National Trust & Savings Bank to secure a loan made by one Feigenbaum to defendant, which loan had been negotiated at the bank, and the mortgage and note were being held and handled by the bank when the following offer was signed by the defendant. Defendant’s only offer to sell and pay commission was the following :

At the time this offer was signed, however, the defendant explained the last paragraph of this letter by stating that the last condition was inserted because he did not know if the bank would accept the money, and that if the bank would accept the money, he would be very glad to allow the customer McGuire to buy the mortgage as soon as he found out whether the bank would allow…