Schanerman v. Everett & Carbin, Inc.

Jayne, J. A. D.

(dissenting). My conception of the characteristics of this ease constrains me to dissent from the conclusion expressed in the majority opinion. In obedience to Rule 4:4-6 I shall tersely state the basic reasons for my disagreement.

I assent to the following postulate put forward by the majority:

“Of course, plaintiff earned liis commission if he performed his engagement, whether or not G. M. E. and 0. Corpora lion accepted Driver’s offer: the contract, as testified to by plaintiff, did not condition the payment of the commission upon the owner’s acceptance of any offer produced,…