Burkard v. Midvale Estates, Inc.

Upon this appeal the defendant contends (1) that plaintiff and defendant had entered into a separate brokerage agreement which provided that the plaintiff would not be entitled to his commission if title did not actually close and (2) that the relationship of principal and agent existed between the parties and that plaintiff, as broker, owed a high degree of care to defendant, as seller.

The proof at the trial clearly established that the plaintiff as broker earned and was entitled to his commission when he procured a ready, willing and able purchaser (Finnegan & Di Zerega v. Bank of New York…