Langfan v. Walzer

Defendant appeals from an order denying his motion for summary judgment. The action is by a real estate broker against the owner of property for damages for failure to pay plaintiff commissions after plaintiff produced a buyer ready, willing and able to buy the property on the terms given by the defendant. Plaintiff concedes that he executed an agreement, containing the following language:

“ (b) In the event the Purchaser shall refuse to accept title for any reason whatsoever, no commission shall be deemed earned on the part of the undersigned * * *.

“ (c) No commission shall be deemed earned…