Hayman Management Co. v. Dura Corp.

Plaintiff, Hayman Management Co., is a real estate broker. Defendant, Dura Corporation, agreed that if Hayman obtained a purchaser for certain interests in real estate held by Dura it would pay Hayman a brokerage commission at the time of consummation. The agreement expressly provided that no commission would become due or payable if title did not pass "for any reason whatsoever”.

Hayman obtained a purchaser, and Dura and the purchaser entered into an agreement dated September 5, 1969 for the sale and purchase on January 15, 1970 of the property for $1,780,000. The transaction was never…