Berman v. Geller

The parties were dealers in real estate. The plaintiff owned a parcel of land which the defendant desired to buy. The asking price was $7,500, and the defendant offered $6,500. There was evidence that the plaintiff said, “I will let you have it at $6,500 providing, if you sell it for more than $7,000, we will split the excess,” and the defendant assented.

A written agreement dated November 30, 1946, was then executed, which is set forth in a footnote, 1 calling for a purchase price of $6,500 against a quitclaim deed conveying title free of all encumbrances. There was evidence that before the…