George A. Colvin, Appellant v. Post Mortgage and Land Company, Respondent

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial, holding that the broker's contract for commissions payable pro rata from installments was supported by consideration and enforceable. The court further held that the broker may recover commissions on installments due before the suit if the seller caused the delay, and that the question of who caused the delay is a factual issue for the jury.