I dissent and vote to affirm. In my opinion, the broker may testify to acts tending to show that he is the procuring cause of the contract (Lockhart v. Hamlin, 190 N. Y. 132), assuming the contract to be proven, but may not testify to what his proposed purchaser said so as to establish the contract of purchase. This latter is hearsay.
Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event.