Sealy Realty Co. v. Brangato

(dissenting) :

I must respectfully dissent from the view of the majority in this case. The plaintiff’s right to a commission is recognized by the opinion if the transaction between Brangato and Sliman on April 7, 1967 was a contract of sale. The majority have re*623lied solely on oral testimony given by parties having a pecuniary interest in the outcome of this suit, to vary the content of the written instrument which affects the right of a third party, in holding that the agreement constituted merely a pignorative contract.

Although plaintiff has acquired no real or personal right to the immovable…