Rockmatt Corp. v. Ehrlich

PEARSON, Judge.

The defendant, Rockmatt Corporation, which was the seller of a business and the real estate upon which it was conducted, appeals a final judgment based upon a jury verdict in an action by a business broker for a commission. We hold that the verdict unlawfully included a commission for the sale of the real property and reverse for a new trial on damages only.

The appellee, Ehrlich, and the appellant Rockmatt Corporation entered into an exclusive right of sale listing agreement whereby the appellant agreed to pay a ten per cent commission on the sale of its business. The appellee…