Houston v. Williams

The action was for a broker’s commission for the sale of real estate and the plaintiff had judgment, from which the appeal is taken. The cause of action is set forth in identical phraseology in two counts except for the provisions of paragraph 3 in each count. Said paragraph in the first count is as follows: “That thereafter, and prior to the time limited for the expiration of said contract, plaintiff by his own efforts procured one, G. A. Lombardi, as a purchaser of said real property, at the price and .upon the terms and conditions fixed by said contract (Exhibit ‘A’). That on or about the 10th day-of January, 1920, plaintiff produced the said G. A. Lombardi before defendant herein, at and upon the said real property of defendant ; that the said G. A. Lombardi, in- the presence of plaintiff, did then and there offer to said defendant to purchase said real property at the price and upon the terms and conditions fixed by said contract (Exhibit ‘A’). That at the time of making said offer, the said G. A. Lombardi was ready, able and willing to purchase said real property at the price and upon the terms and conditions fixed by said contract (Exhibit ‘A’).”

The corresponding…