
    William S. Sussman, Respondent, v. Emanuel S. Ullmann, Appellant.
    
      Contract — commissions — action to recover commissions for negotiating exchange of real property — alleged breach of contract by plaintiff to subscribe for stock in corporation to be formed to take over property.
    
    
      Sussman v. Ullmann, 209 App. Div. 862, affirmed.
    (Argued December 11, 1924;
    decided January 21, 1925.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 19, 1924, affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover commissions alleged to have been earned by plaintiff, a real estate broker, in negotiating an exchange of real property. The answer alleged as a counterclaim that the plaintiff and the defendant agreed that, prior to the signing of the contract of exchange by the appellant, the plaintiff would pay to the defendant $50,000 for a one-fifth interest in the capital stock of a corporation to be organized to acquire the property in exchange and that defendant was to have four-fifths of the stock in said company. The counterclaim further alleged the refusal of the respondent to contribute the said sum of $50,000, and set forth that, solely by reason of such refusal, said exchange was not consummated.
    
      John Godfrey Saxe for appellant.
    
      Frank C. Laughlin and Alexander Pfeiffer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  