Miller v. Avirom

384 F.2d 319 (1967)

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Nature of the Case

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Facts

P, a real estate broker, sued D for a commission allegedly earned by P negotiation of an offer that D refused to accept for the purchase of an apartment building. The judge in a bench trial issued judgment for P on a finding that D had orally listed the property with P for sale on specified terms and for an agreed upon commission and that P had produced a ready, willing, and able buyer to buy on the terms specified. D asserted the statute of frauds and that he never authorized P's actions. D also on appeal asserted a claim that it was illegal for a licensed real estate salesman or broker to offer realty for sale without the written consent of the owner.