John E. Massengale, Trustee v. Transitron Electronic Corporation

COFFIN, Circuit Judge.

This is an appeal from a summary judgment entered for appellee in a diversity action in which appellant sought a brokerage fee from a putative buyer of a business who allegedly wrongfully withdrew from a purchase agreement appellant had initiated on behalf of the seller. The purchase agreement obligated the buyer to pay the broker “if and when” the transaction was consummated. ,

Appellant’s assignors were the sole stockholders of McClellan and Burck, Inc. (Burck), a now dissolved New York corporation once engaged in the business of identifying and effecting mergers,…