Ellsworth Dobbs, Inc. v. Johnson

236 A.2d 843 (1967)

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Nature of the Case

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Facts

Dobbs (P) was a real estate broker. Johnson (D) owned land and entered into a purchase agreement with Iarussi for the sale of that land. P brought the parties together and into the signed contract for sale. Title did not close because of Iarussi's inability to obtain financial backing. P sued for his commission, and the judge held that the commission was due on the signing of the contract for sale and not on title closing. The jury gave D an award of $15,000 as against D. Iarussi was also held liable under an implied agreement, and that agreement was breached by Iarussi's failure to perform the contract to buy. The Appellate Division reversed; it was a jury question as to payment of commission, and there was insufficient evidence express or implied to show that Iarussi was also liable.