Mutual Employees Trademart v. Silverman

HENDRY, Judge.

The question presented is whether a prorated portion of a real estate brokerage commission is recoverable as damages by the lessor after lessor terminated the lease because of lessee’s failure to pay the rent due.

The appellee cites the case of Trustees of First Presbyterian Church in Newark v. Howard Co. — Jewelers, 19 N.J.Super. 168, 88 A.2d 33 (1952) in support of the lower court’s final decree in which it was declared that the unearned portion of the real estate broker’s commission was an item of damages. The decision of the Superior Court of New Jersey, supra, was reversed…