Curry v. West Point Hills, Inc.

This appeal is from a summary judgment granted below on defendants’ motion therefor.

Plaintiff filed this action to recover a fee allegedly due him under a contract with defendants which provided in pertinent part:

“I hereby employ you and authorize you to obtain for us from one or more responsible persons or lending institutions of your selection an acceptance of a first or second mortgage loan commitment on the subject property (West Point Trailer Park) # * * . If and when you are successful * * * we agree to pay you a fee of at least two per cent of the amount of the loan agreed to be made.”

A…