The Superior Court of New York City March 6, 1889 (Mayer v. Haaren)

Freedman, J.

The action was brought by the plaintiff, a real estate broker, upon a special contract for the sale of four houses and lots formerly belonging to the defendant, under which plaintiff was to receive one-third of all the defendant should realize from such sale over and above $44,000. The answer put in issue every material allega*697tian of the complaint.