McCarty v. Noham Co.

The following is the opinion of the court below:

Cropsey, J.

For services rendered in procuring a contract for the defendant for the purchase of a tract of land, and for services to be rendered in endeavoring to resell the same for the defendant, defendant agreed with plaintiff’s assignor to pay the latter twenty-five per cent of the net profits realized on the resale. While plaintiff’s assignor agreed to use his best endeavors to resell the land, the contract provided he was to have his share of the profits even if another broker brought about the resale. The contract contained the limitation…