Weltman's, Inc. v. Friedman

HOLTZOFF, District Judge.

The question presented on this motion to amend findings and judgment or, in the alternative, for a new trial, is whether a real estate broker, who procures a purchaser ready, able and willing to buy the property on the specified terms, is entitled to recover his commission if the sale is not consummated due to the fact that the broker’s employer is unable to convey good title. Stated more narrowly, the question is, whether in the case of property owned by husband and wife as tenants by the entirety, the broker who is hired by the husband and procures a purchaser is…