E & K Agency, Inc. v. Van Dyke

The opinion of the Court was delivered by

Mountain, J.

This case has had a long and rather complicated procedural history which must be briefly reviewed.

George W. Yan Dyke and Theodore Sofield, defendants in the action, were the beneficial owners of the stock of several corporations which, in turn, owned valuable waterfront land. This property was listed for sale with the plaintiff real estate agency in March, 1965. Efforts to sell the land resulted in the execution and delivery of a contract in August, 1965 with prospective purchasers named Lane and Sherman. Just before the contract was…