Hoyt R. Matise Company v. Stanley Zurn

GEE, Circuit Judge:

Hoyt R. Matise Co. (Matise), a licensed real estate broker, sued Stanley Zurn to recover a real estate commission. Matise based its claim on alternate theories: (1) that it had procured a purchaser who had entered into an enforceable contract of sale for Mr. Zurn’s property, or (2) that it had procured a purchaser who was ready, willing, and able to purchase the property on Mr. Zurn’s terms. After a bench trial, the district court entered judgment for defendant Zurn.

Matise moved for a new trial on the ground that the would-be purchaser, Michael Mullen, who could not be…