Financial Business Services, Inc. v. Schmitt

CROSS, Judge.

Appellant-plaintiff, Financial Business Services, Inc., appeals a summary final judgment entered in favor of the appellee-defendant, Fred L. Schmitt, in an action for a broker’s commission. We reverse.

Mr. Schmitt owns a number of butcher shops which he listed for sale with Financial Business Services (FBS). FBS obtained a buyer at terms acceptable to Mr. Schmitt and a purchase agreement was signed by Schmitt and the buyer. The transaction, however, was not consummated because the landlord of two of the butcher shops would not consent to a transfer of the leases to the prospective…