McCann v. Biss

The opinion of the Court was delivered by

Hall, J.

In this suit in the Bergen County District Court the plaintiff, a real estate broker, sought to recover commissions on the sale of a residential property in West Milford, Passaic County, made directly by defendants Biss (sellers) to defendants Wuester (buyers). The broker did not have written authority from the sellers to sell the property nor did she serve upon them a so-called “five day notice” at any time after the alleged making of an oral agreement with them, as required by the special statute of frauds applicable to real estate commission…