O'Connell & Co. v. Braidman

This is an action in contract for the plaintiff-broker’s recovery of a real estate commission for producing a ready, willing and able buyer whose failure to purchase the subject property was allegedly attributable to the defendant-seller’s misconduct.

The plaintiff has appealed the trial court’s allowance of the defendant’s Dist./Mun. Cts. R Civ. P., Rule 56 motion for summary judgment. The pleadings, affidavits, depositions and answers to interrogatories submitted by both parties indicate the following:

In November, 1987, the plaintiff drafted and both parties executed an exclusive brokerage…