
    Samuel Leibow, Appellant, v. Lucy Tilson and Another, Respondents.
    Supreme Court, Appellate Term, First Department,
    April 9, 1925.
    Principal and agent — compensation of agent — principal liable for commission for sale made by himself where agent had exclusive agency.
    A principal, having constituted the plaintiff an exclusive agent, is liable to said agent for commissions upon a sale made by himself where said agency has not been revoked.
    Appeal by plaintiff from a judgment of the Municipal Court of the City of New York, Borough of The Bronx, Second District, in favor of defendant after trial by the court without a jury.
    
      Arnstein & Levine [Sidney S. Levine of counsel], for the appellant.
    No appearance for the respondents.
   Per Curiam:

The plaintiff having been constituted an exclusive agent and his agency not having been revoked, the principal cannot make a sale himself without becoming liable for the commissions.” (Slattery v. Cothran, 210 App. Div. 581.) No misrepresentation made by the purchaser could have any effect on the plaintiff’s rights.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Mitchell and Proskauer, JJ.  