Cavanagh v. Kelly

PHELPS, Justice.

This is an appeal by plaintiff Bert Cavanagh from a summary judgment granted in favor of defendants James E. Kelly, et ux.

Plaintiff, a licensed real estate broker, was engaged by one McBroom to find a buyer for McBroom’s business consisting entirely of personalty. Defendant Kelly was procured by plaintiff as a prospective purchaser but it developed that McBroom wanted a larger cash down payment than defendant was willing or able to pay. Defendant therefore entered into an oral agreement with the plaintiff whereby defendant would pay plaintiff $15,000 in three equal annual…