Beazell v. Kane

Appeal from a judgment for $2,500 based upon defendant’s agreement to pay “$4,500 to broker named herein, or one-half of buyer’s deposit, if buyer shall be in default, but not to exceed the full amount of his commission.”

The purchasers (Mr. and Mrs. Gelber) had signed the agreement on September 21, 1951, and presented a check for $5,000 to respondent “to apply on purchase price of $100,000 for 14 unit Apartments.” The Gelbers were ready, willing and able to buy at the time; appellant accepted them as buyers, and in writing agreed “to sell ... on above terms and to pay a commission of $4500.00…