Cornwell v. Hollander

CAYTON, Chief Judge.

Hollander, á broker, sued for an agreed commission allegedly earned in connection with the attempted sale of Cornwell’s restaurant business. At the trial the principal witnesses were the parties themselves and the prospective purchasers. The gist of plaintiff’s claim as developed by the testimony was that Cornwell gave him a 90-day exclusive listing agreement to procure a purchaser for his business, that some five weeks later he did procure two purchasers who as partners signed a binding agreement to .buy the business on Cornwell’s terms, but that Cornwell refused to…