Sidney P. Small and William Landesman, D/B/A Small & Landesman v. Seldows Stationery, Jack Belowitz, Irving Platt and Irwin Katz

OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal from a final order of the district court granting summary judgment in favor of the defendants. The plaintiffs contend that their claim for a brokerage commission presented the district court with a genuine issue of material fact and that the grant of summary judgment was therefore improper.

I

In this diversity action arising under New Jersey law, the plaintiffs sued Seldows Stationery and its three owners for breach of an alleged brokerage contract. 1 The plain tiffs assert that they entered into an oral agreement with the defendants to…