FOLLMAN PROPERTIES CO. v. DALY

No. 84-0473C(3).

611 F.Supp. 464 (1985)

FOLLMAN PROPERTIES COMPANY, Plaintiff, v. Thomas Francis DALY, Robert L. Nessen, Jack B. Sangunett, individually and as trustees of API Trust; Wilbur Rabinowitz, Allan Rabinowitz, Defendants.

United States District Court, E.D. Missouri, E.D.

As Amended May 24, 1985.


Attorney(s) appearing for the Case

Myron Gollub, John A. Rava and Harry B. Wilson Jr., St. Louis, Mo., for plaintiff.

Gregory D. Hoffmann, Clayton, Mo., Joan Gregory and Frank Gulino, Carro, Spanbock, Fass, Geller, Kaster & Cuiffo, New York City, for defendants.


MEMORANDUM

HUNGATE, District Judge.

Plaintiff, a real estate broker, brings this diversity action to recover $126,000.00 alleged owing to it by virtue of the sale of property listed with plaintiff by an entity known as API Trust. Plaintiff alleges that it is entitled to a six percent commission on the $2.1 million sale price, having procured the property's purchaser.

Defendants deny liability, and a nonjury trial was held on March 18, 1985.

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