Merrill v. Prebilt Co.

On January 14, 1946, the defendant, a corporation, entered into a written agreement with all the stockholders of Nashua Milling Corporation to buy 300 shares, being all the outstanding stock, of the latter corporation at $600 a share, to be transferred on February 14, 1946. The plaintiffs, Merrill and Donovan, were brokers who had brought the parties together. By the agreement the defendant agreed to "assume and pay any and all brokerage commissions due or that may be due as a result of the pur chase and sale of the above shares/’ and to obtain from the plaintiffs releases releasing each of…