Hunneman & Co. v. LoPresti

The plaintiffs in these two cases are brokers who are suing the prior owners of the Delegate North apartment complex (Delegate North) for recovery of a real estate commission.3 The cases involve identical facts and were consolidated for decision in the Superior Court. The judge granted the plaintiffs’ motion for partial summary judgment, and the defendants appealed. We transferred the cases to this court on our own motion. We conclude, based on our decision in Capezzuto v. John Hancock Mut. Life Ins. Co., ante 399 (1985), that the plaintiffs are not entitled to a commission, and therefore we…