Silva

An action by a real estate broker to recover a commission for services alleged to have been rendered in procuring a tenant for a building to be constructed by the defendant.

Plaintiff alleged that he was employed to procure a tenant for an apartment house which defendant agreed to erect, the term to be ten years and the rental $11.50 per room each month for the first five years, and $12' per room per month for the remainder of the term; that payment of the same was to be secured by a chattel mortgage upon the furniture to be installed therein by the tenant; that he procured such tenant in one Starr, who offered and was ready, willing and able to lease the apartments upon the above terms, and who delivered to defendant his certified check for $2,500 as evidence of good faith. Further, that defendant accepted the offer and the check, and later erected the apartment house, but refused to enter into a lease with Starr .or to pay plaintiff a commission for his services.

The court found that on or about July 1, 1926, it was orally agreed that if plaintiff procured a responsible tenant for the proposed building for the term of ten years at a rental of $12 per room per month, the rent…