Bierman v. Barthelmeus

Fulop, D. C. J.

This is a suit for a commission upon the sale of a retail business. Defendant agreed in writing that the plaintiff should have the exclusive right to sell defendant’s business for a period of ninety days and expressly agreed to pay plaintiff a commission of ten per cent, of the selling price if the business was sold within the ninety days, whether or not the buyer was procured by plaintiff.

The description of the business to be sold included a lease of the store premises for four and one-half years.

Defendant sold the business including the lease, within the ninety day period, to…