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BIERMAN v. LEIBOWITZ

3 N.J. Super. 202 (1949)

65 A.2d 850

SANFORD BIERMAN, INDIVIDUALLY AND TRADING AS MARSAN COMPANY, PLAINTIFF-APPELLANT, v. PHILIP LEIBOWITZ, DEFENDANT-RESPONDENT. SANFORD BIERMAN, PLAINTIFF-RESPONDENT, v. STEVE KARGAKOS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1949.

Attorney(s) appearing for the Case

Mr. Benjamin S. Appel argued the cause for the appellant Bierman.

Mr. William Krueger (Messrs. Parnell & Krueger, attorneys) argued the cause for the appellant Kargakos.

Mr. Joseph N. Braff (Messrs. Braff & Litvak, attorneys) argued the cause for the respondent.

Before Judges McGEEHAN, DONGES and COLIE.

The opinion of the court was delivered by COLIE, J.A.D.

Plaintiff brought suit against Leibowitz upon an admitted verbal agreement to pay the former a commission of 10% of the purchase price on the sale of the business of the defendant, Leibowitz. The plaintiff in the same suit joined the defendant Kargakos, the claim against Kargakos being based upon the following written agreement:

                      "MARSON COMPANY
                            "No...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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