
    Coughlan & Company, Inc., Respondent, v. Louis Frankel, Appellant.
    (Argued September 27, 1926;
    decided October 12, 1926.)
    
      Principal and agent — commissions — contract — action to recover commissions on sale of real estate — defense that sale had not been consummated.
    
    
      Coughlan & Co., Inc., v. Frankel, 216 App. Div. 565, affirmed
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1926, which affirmed a determination of the Appellate Term affirming an order of the New York City Court granting a motion to strike out the answer and for summary judgment. The action was to recover broker’s commissions upon a sale of real estate. The answer admitted the employment of plaintiff, the agreed commissions, and that plaintiff had procured a customer for the property but pleaded as a defense that no formal contract of sale was ever signed or the sale consummated.
    Order affirmed, with costs;
    
      Emanuel Sustick and Stewart Engel for appellant.
    
      Samuel Sturts for respondent.
   no opinion.

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