Smith v. Bretschneider

It is undisputed that the defendants failed to produce a customer financially able to buy the plaintiff’s property and under these conditions our law is well settled that there can be no recovery. Philbrick v. Chase, 95 N. H. 82, and cases cited. The decision in Parker v. Estabrook, 68 N. H. 349, where agreements existed similar to those here is not authority for the defendants’ position. There the broker was allowed to recover his agreed commission of $100 from a payment of $200 under a liquidated damages clause. However, the court was careful to say “There is no suggestion in the present…