Schoenfeld v. Silver Moon Springs, Inc.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This is a diversity action for a commission alleged to be due the plaintiff for finding a purchaser for the defendants’ business property in Sheboygan County, Wisconsin. The defendants have moved for summary judgment.

*200Count I of the complaint alleges, in part:

“4. In the early part of 1969 the defendants contracted to pay the plaintiff a finder’s fee of 6% if the plaintiff were successful in finding a buyer for Silver Moon Springs, the said fee to be based on the purchase price and paid within ten days after the date of sale, it being understood…