On appeal from the Mercer County Circuit Court.
For the plaintiff-respondent, Charles A. Malloy and Frank I. Casey.
For the defendant-appellant, Harvey T. Satterthwaite.
The opinion of the court was delivered by
WELLS, J. This is an appeal from a judgment entered in the Mercer County Circuit Court, in favor of the plaintiff, H. Edward Walsh, and against the defendant, Mario Isgro, in an action for real estate agent's commissions.
In April, 1936, the defendant was the owner of a certain farm in Mercer county, which was advertised for sale. It is undisputed that one Scurria was the agent of the defendant with regard to the sale of the farm.
The plaintiff, a licensed real estate broker of this state, having had an inquiry from one Grover concerning the possible purchase of a farm, entered into negotiations with the defendant and Scurria to secure authority for sale of the farm. Of the resulting correspondence, the following two letters constitute the written contract on which the plaintiff relies:
Mr. H. Edward Walsh, Broad St. National Bank Bldg., Trenton, New Jersey.
I have discussed this matter with Mr. Isgro who advised me he is willing to authorize you to sell his farm for a price of $14,000, agreeing to pay a commission of 7%.
Please reply promptly. If you agree to these arrangements, I am sure I will be able to help you to a great extent in ...