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LARSEN & FISH, INC., v. SCHULTZ

5 N.J. Super. 403 (1949)

69 A.2d 328

LARSEN & FISH, INC., PLAINTIFF-APPELLANT, v. JOSEPHINE SCHULTZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 22, 1949.

Attorney(s) appearing for the Case

Mr. William E. Kennedy argued the cause for plaintiff-appellant.

Mr. George L. Sachs argued the cause for defendant-respondent (Mr. William Newman, attorney).

Before Judges McGEEHAN, EASTWOOD and FREUND.

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

This action was brought to recover a brokerage commission under an exclusive agency contract. A motion to dismiss the action, made at the trial, was granted and from the judgment entered pursuant thereto the plaintiff has appealed.

The contract authorized the plaintiff to sell the property for $17,000 and provided that it should receive a commission of 5% of the selling price. The plaintiff delivered...

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