Axler v. Forman

Flood, J.,

The legal sufficiency of plaintiff’s bill of complaint is challenged by preliminary objections thereto filed by defendants.

The following facts are alleged in the bill: On May 23, 194.0, plaintiff, a business broker, held a contract with *703defendant Mrs. M. Forman, whereby plaintiff was given exclusive authority to sell her grocery business. A commission of ten percent of the sale price was to be paid plaintiff whether the sale was effected by him or by another. On that day, unknown to plaintiff, Mrs. Forman sold the business, including all of its stock of goods, wares and merchandise,…