Rottner v. Mencoff

Kun, J.,

Defendant has filed preliminary objections to the complaint.

Plaintiff, a licensed real estate broker, obtained a purchaser for an industrial site of which defendant was equitable owner, under an agreement of sale. In the agreement of sale between defendant and purchaser, defendant agreed to pay plaintiff a commission of $12,-500 “as, if and when settlement hereunder shall be completed only”. The agreement of sale required defendant, inter alia, to remove prior to settlement certain machinery and equipment, and to restore and replace physical damage caused by such removal. The…