E. A. Strout Realty Agency v. John Gargan

The question whether a certain finding was required as a matter of law on the evidence in an action in a District Court could not be considered on a report to the Appellate Division having no statement therein that it contained all the material evidence. The mere fact that an owner of real estate entered into a written sale and purchase contract with a prospective purchaser produced by a broker did not entitle the broker to a commission if his contract with the owner was for a commission upon completion of the sale by the date specified in the sale and purchase contract and the sale was not completed by that date because the prospective purchaser was unable so to complete it, although the same prospective purchaser subsequently bought the property in a sale, of which the broker was not the efficient cause, made without fraud upon different terms.