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TURNPIKE MOTORS, INC. v. NEWBURY GROUP, INC.

403 Mass. 291 (1988)

528 N.E.2d 1176

TURNPIKE MOTORS, INC., & others vs. NEWBURY GROUP, INC., & another.

Supreme Judicial Court of Massachusetts, Suffolk.

October 6, 1988.

Attorney(s) appearing for the Case

Nicholas A. Abraham for the defendants.

Gary R. Greenberg (Louis J. Scerra, Jr., with him) for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.

WILKINS, J.

We conclude first that, on the sale of a business, a person not licensed as a real estate broker may recover an agreed-upon commission on the sale price of the personal property even if that person may not recover a commission on the sale price of the real estate. We next decide that the sellers were not entitled to summary judgment on the broker's claim that the sellers were estopped to deny the broker a commission on the sale price of the entire business...

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