Legal Opinion
RICHARD A. MATHURIN AND ASSOCIATES, LLC v. Crowe
District Court, D. Maine
Decided October 6, 2004No. CIV.04-29-P-HPublishedCited by 3 opinions
1Opinion of the Court
DECISION AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
HORNBY, District Judge.
The question here is whether a broker engaged to sell a business can recover its commission. The engagement letter provided for a commission only in the event of sale, and no sale ever took place. I conclude that the broker can recover its commission if it proves that it procured a ready, willing and able buyer who made a proposal acceptable to the seller, but that the seller affirmatively prevented consummation of the transaction.
I. Facts
The defendant seller has moved for summary judgment. Therefore, I…
2Cases cited11 opinions
- Paffhausen v. BalanoSupreme Judicial Court of Maine · 1998
- June Roberts Agency, Inc. v. Venture Properties, Inc.Supreme Judicial Court of Maine · 1996
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Nadeau v. PitmanSupreme Judicial Court of Maine · 1999
- Estate of WhiteSupreme Judicial Court of Maine · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- John Bilodeau and Hope Bilodeau v. Six Rivers Construction, LLC and Byron BouchardUnited States Bankruptcy Court, D. Maine · 2026
- RICHARD A. MATHURIN AND ASSOCIATES, LLC v. CroweDistrict Court, D. Maine · 2004
- Zamboni v. Chase Custom Homes & Finance, Inc.United States Bankruptcy Court, D. Maine · 2025