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NILY REALTY v. WOOD

[No. 229, September Term, 1973.]

272 Md. 589 (1974)

325 A.2d 730

NILY REALTY, INC. v. WOOD ET UX.

Court of Appeals of Maryland.

Decided October 9, 1974.

Attorney(s) appearing for the Case

George J. Goldsborough, Jr., with whom was Roy B. Cowdrey, Jr., on the brief, for appellant.

William S. Horne, with whom was Charles E. Wheeler on the brief, for appellees.

The cause was argued on March 4, 1974, before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and reargued on September 13, 1974, before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

ELDRIDGE, J., delivered the opinion of the Court.

This is another case where a real estate broker, employed to sell a parcel of real estate for a commission, claims entitlement to that commission even though the property was not in fact sold.

Robert L. Wood and his wife Sally A. Wood, the defendants-appellees, owned a farm in Talbot County, Maryland. The farm was subject to a purchase money mortgage in the amount of $117,150.00, repayable in five equal annual...

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