Keyes Co. v. Island Fox Motel, Inc.

Plaintiff-broker sued both the defendant-seller and the defendant-buyer to recover a broker’s commission to which plaintiff claims it is entitled. Plaintiff’s claim against seller is predicated upon the theory that it procured a binding contract of purchase or presented to the seller a customer who was ready, able and willing to buy on the terms prescribed by the seller but that due to seller’s failure the transaction did not close. Plaintiff also seeks an adjudication as to the disposition of funds deposited by the defendant-buyer with plaintiff asserting in effect that it is entitled to a…