Burkard v. Midvale Estates, Inc.

Plaintiff, a real estate broker, has recovered judgment in the court below in an action for commissions. The complaint therein alleges that defendant employed plaintiff to sell certain property for it and agreed to pay a 5% commission; plaintiff procured Rosen and Pirozzi, a copartnership who were ready, willing and able to purchase the premises on terms agreeable to defendant; that defendant entered into a written contract of sale with said partnership wherein plaintiff was named as the broker and that thereafter without any fault on the part of said copartnership, defendant “failed and/or…