U.S. Drug Discount Corp. v. Fried-Laskey Realty Co.

Fried-Laskey Realty commenced this action to recover a brokerage fee. By terms of a multiple listing it agreed to produce a buyer ready, willing and able to purchase business property upon terms agreeable to the seller U.S. Drug Discount Corp. A jury returned a verdict for Fried-Laskey. We reverse.

Where the uncontroverted evidence showed that the prospective purchaser made a material modification to the purchase agreement, which modification was not accepted by the seller, there was no agreement to purchase on the seller’s terms. The modified contract constituted a counteroffer, subject to…