Fortner v. Connell

This is a suit for a $5,000 real-estate commission based upon a letter to plaintiff from defendant’s decedent, Richard Connell, Jr., in which Connell set forth his agreement to pay plaintiff the commission “upon the date of consummation of the deal.” The deal referred to in the letter was contained in a preliminary agreement of purchase executed by Connell and the prospective purchasers on the same day in January of 1957 on which plaintiff was given the letter by Connell. That preliminary agreement of purchase provided for consummation of the sale by payment of $75,000 down and the execution…