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BREEN v. LEVINE

32 N.J. Super. 525 (1954)

108 A.2d 627

JOHN J. BREEN, TRADING AS BANKERS REALTY CO., PLAINTIFF-RESPONDENT, v. NORMAN LEVINE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1954.

Attorney(s) appearing for the Case

Mr. George F. Losche argued the cause for plaintiff-respondent (Mr. Charles C. Shenier, attorney).

Mr. Morris Silver argued the cause for defendant-appellant (Mr. Leon Borden, attorney; Mr. Isidore Parnes on the brief).

Before Judges CLAPP, JAYNE and FRANCIS.

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

The plaintiff, a real estate broker, entered into an agreement with the defendant, the owner of certain property, by which for the period of one month, namely from March 21 to April 21, 1952, plaintiff was given an exclusive agency to sell the property for $35,000, or such lesser price as the defendant agreed to take. The action here is founded upon the following clause in the agreement:

"If the property...

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