The plaintiff having been constituted an exclusive agent and his agency not having been revoked, “ the principal cannot make a sale himself without becoming liable for the commissions.”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.