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AMATO & STELLA ASSOC. v. FLA. NORTH INVESTMENTS

Civ. A. No. 87-90-JRR.

678 F.Supp. 445 (1988)

AMATO & STELLA ASSOCIATES, INC., a Delaware corporation, Plaintiff, v. FLORIDA NORTH INVESTMENTS, LTD., an Illinois General Partnership, Defendant.

United States District Court, D. Delaware.

February 5, 1988.

Attorney(s) appearing for the Case

Edmund D. Lyons, Jr., of Aerenson, Ferrara & Lyons, Wilmington, Del., for plaintiff.

Rodman Ward, Jr., and David J. Margules, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, Del., for defendant.

OPINION

ROTH, District Judge.

Plaintiff, a real estate brokerage firm, brings this action to recover a commission of $125,000 from defendant. Plaintiff claims that, pursuant to a listing agreement it had with defendant, plaintiff provided a ready, willing, and able buyer for defendant's Colonial Village Apartments complex. Defendant moves for summary judgment on the grounds that oral listing agreements cannot be enforced in Delaware and that, if a written...

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