Malakoff v. Zambar, Inc.

Opinion by

Mr. Chief Justice Jones,

Appellee, a real estate broker, negotiated a twenty-five year lease on June 16, 1959, between Easton Road Development Company, Inc. (lessor), and Consolidated Sun Ray, Inc., and Blauners, Inc. (lessees), which established appellee’s right to a three percent brokerage commission from the lessor based on monthly rental payments. Paragraph 21 of the lease specifically provided, inter alia: “This lease is subordinate to any mortgage now or hereafter created by the Landlord upon the leased premises and parking improvements provided that the mortgage instrument…