Dwyer v. Impeciato

Evans, Judge.

Stefan V. Popescu, as the owner of a restaurant in metropolitan Atlanta, known as The Red Barn, decided to go out of the business because of illness. Thomas H. Dwyer, a business broker, was requested by Popescu to find a purchaser or lessee. Dwyer located one Victor J. Impeciato, and interested him in taking over the operation of The Red Barn. Impeciato was already operating one restaurant. Impeciato gave Dwyer $5,000 to "bind” an agreement to lease The Red Barn, and the agreement was signed at that time in the nature of a "binder” agreement.

Impeciato then called Popescu and…