Door Knob Realty, Inc. v. Northrop

In an action to recover a real estate brokerage commission from an owner who refuses to sell, is proof of the proposed buyer’s financial ability a prerequisite to the establishment of a prima facie case? The question arises as a result of the instant defendants’ motion to dismiss the complaint, made at the end of the broker’s case (and subsequently renewed), on the ground that there was no evidence of the purchaser’s ability to consummate the purchase. The suing broker contends that it was under no obligation to offer such proof under the circumstances of this case. The facts are these.

The…