Schrier v. Kelloggs Pure Foods, Inc.

Motions Nos. 52 and 61 of March 24, 1954, have been consolidated.

Subdivision 10 of section 31 of the Personal Property Law does not make illegal a contract for the rendition of services in the sale of a business by anyone other than a duly licensed real estate broker, real estate salesman, auctioneer or attorney at law. It only makes an express agreement to pay for such services unenforcible. The remedy in quantum meruit is not barred. If Graymount v. Schlemmer (204 Misc. 667) holds to the contrary, I am not in agreement with it. In any event, the facts of that case are not disclosed in the…