Acres Real Estate Co. v. Young Men's Christian Ass'n of Binghamton

VAN der VOORT, Judge:

This is a claim in assumpsit for a broker’s commission for sale of real estate. The owner-vendor appeals from a finding by the lower court in favor of the broker on a Motion for Summary Judgment. We hold that the lower court must be reversed.

Plaintiff is a licensed real estate firm, to whom defendant, an owner of certain realty, gave a letter dated December 3, 1976, undertaking to pay plaintiff a commission of six percent (6%) of the gross selling price if defendant sold the property to one Nusser.* The letter provided (Paragraph 3) that the commission is “due and…