McManus v. Rosewood Realty Trust

Memorandum Opinion

BROCK, C.J.

The defendant, Rosewood Realty Trust, appeals the decision of the Superior Court (Coffey, J.) awarding the plaintiff, Lawrence R McManus, an auctioneer’s commission for his services in the auction of the defendant’s property. We reverse and remand.

On September 23, 1987, the plaintiff conducted an auction of a piece of commercial property that the defendant owned in Rye. The buyer never closed on the property, however, because he discovered that the soil and ground water were contaminated with toxic substances.

The plaintiff sued the defendant to recover his…