OLIVER WILLIAMS, INC., v. NIELSEN


206 Misc. 172 (1954)

Oliver Williams, Inc., Respondent, v. John P. Nielsen, Appellant.

Supreme Court, Appellate Term, First Department.

May 13, 1954.


Attorney(s) appearing for the Case

Bruce E. Grunden and Walter D. Wile for appellant.

Lyman Stansky for respondent.

HAMMER, HOFSTADTER and EDER, JJ., concur.


Per Curiam.

The undisputed facts are that buyer and seller merely agreed as to price and down payment in this real estate transaction, but the amount, interest and amortization rate, and term of the mortgages covering the balance thereof were not even discussed at the time of defendant's repudiation. Plaintiff may not recover agreed brokerage commissions on the theory of performance of its contract, in view of such essential terms of the sale having been left...

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