Amato & Stella Associates, Inc. v. Florida North Investments, Ltd.
District Court, D. Delaware
1Opinion of the Court
OPINION
ROTH, District Judge.
Plaintiff, a real estate brokerage firm, brings this action to recover a commission of $125,000 from defendant. Plaintiff claims that, pursuant to a listing agreement it had with defendant, plaintiff provided a ready, willing, and able buyer for defendant’s Colonial Village Apartments complex. Defendant moves for summary judgment on the grounds that oral listing agreements cannot be enforced in Delaware and that, if a written listing agreement existed, its terms were not met. Plaintiff rejects that legal characterization of oral listing agreements, alternatively…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Foman v. DavisSupreme Court of the United States · 1962
- Lock v. SchrepplerSuperior Court of Delaware · 1981
- Milholin v. VorhiesSupreme Court of Iowa · 1982
- Green Mountain Realty, Inc. v. FishSupreme Court of Vermont · 1975
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3Cited by4 opinions
- Finlay Commercial Real Estate, Inc. v. PainoSupreme Court of New Hampshire · 1990
- Petrosky v. PetersonSupreme Court of Delaware · 2004
- Eastern Commercial Realty Corp. v. FuscoSupreme Court of Delaware · 1995
- S.C. Johnson & Son, Inc. v. DowBrands, Inc.District Court, D. Delaware · 2003