Wiesenberger v. Mayers

In my opinion Special Term erred in granting summary judgment for defendants. It did so on what appears to be untenable grounds. It held, in effect, that neither the sellers nor the buyer were irrevocably committed to each other on the sale of certain stock and that the broker had not earned his commissions even though the buyer was ready, able and willing to buy and the sellers were the ones who refused to complete the sale.

The agreement gave the broker an exclusive right to sell all defendants’ stock in L. & C. Mayers Co., Inc., on or before August 31, 1950, for the price of $2,500,000 “…