How have the courts determined that plaintiff failed to establish its action for commissions by a fair preponderance of the credible evidence?

Upon this proof the trial court was amply warranted in concluding that plaintiff had failed to establish its action for commissions by a fair preponderance of the credible evidence. Since the binder was prepared by plaintiff, any ambiguity as to the meaning of the words 'lawyer's approval' must be resolved against it (Gillet v. Bank of

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BENJAMIN, J., dissents and votes for reversal and a direction of judgment for plaintiff, with the following memorandum:

This is an action by plaintiff, a real estate broker, for commissions.