Burkard v. Midvale Estates, Inc.

This is an action by a real estate broker to recover a commission in an nnconsummated real estate transaction wherein the plaintiff’s brokerage agreement with the defendant vendor (delivered to the plaintiff contemporaneously with the proposed contract of sale) remained unex*404eeuted, although the contract of sale itself was fully executed but did not consummate in a title closing.

The taking of testimony was preceded by counsel for the contending parties entering into the following stipulation of facts: 1. Plaintiff was a broker duly licensed. 2. Pláintiff was the procuring cause of bringing…