Goldston Brothers v. Newkirk

The contract declared on provides that the plaintiff shall be paid “at the close of sale ten per cent in cash of the gross receipts of sale, as evidenced by contracts signed by purchasers.” The contract also stipulates that the plaintiff shall collect for the defendants “the first payment on the property sold.”

Hence, plaintiff’s duties did not terminate on knocking the land off to the high bidders. Plaintiff was required to close the sale for the defendants by collecting the initial payments of purchase money and turning over to defendants purchasers who were bound by signed contracts. These…