Bruce J. Frey v. Fraser Yachts David Fraser, Inc. Budel, Inc. C-Bench Investments, Inc. Carnor, Inc. And Norman McCarvill

ESCHBACH, Circuit Judge.

Is a yacht broker entitled to keep his commission from the seller when, on the eve of closing but after execution of the purchase agreement, the seller discovers that the bro ker is to receive a commission from the buyer as well? The defendants think so, but we disagree. For the reasons below, we reverse the district court’s order of summary judgment for the defendants and remand for further proceedings consistent with this opinion.

Plaintiff Bruce Frey is a Chicago real estate developer who wanted to sell his 127-foot high-speed motor yacht, the Dale R II. 1 In pursuit…