Henry S. Miller Co. v. Ulmer

MEMORANDUM ON SUMMARY JUDGMENT

HUGHES, District Judge.

If the lease has a ten-year term with an option allowing the tenant unilaterally to *599terminate the lease between five and one-half years and six years into the lease, does the landlord owe the broker a commission on a five-year or a ten-year lease? The court will grant a summary judgment for the broker, awarding him a commission for the ten-year term.

Facts.

Konrad Ulmer entered into an exclusive listing agreement with Henry S. Miller Co. to lease a commercial building owned by Ulmer. The agreement authorized Miller to lease the building on…