Martin v. Burning Foot Ltd.

LEWIS KAPNER, Circuit Judge.

A notice of lis pendens has been filed and the defendants seek to have this notice removed on the grounds that the plaintiff has not alleged sufficient grounds for the issuance of a vendor’s lien.

Plaintiff has alleged that defendants promised to pay plaintiff a “real estate broker’s commission in a reasonable amount” if plaintiff induced the owners of certain real estate to sell that real estate to defendants, which real estate was in fact sold.

Defendants contend that a vendor’s lien is applicable only when the agreement is to the effect that the commission is to…