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DIXON v. BERNSTEIN

Nos. 10291, 10370.

182 F.2d 104 (1950)

DIXON v. BERNSTEIN.

United States Court of Appeals District of Columbia Circuit.

Decided April 17, 1950.

Attorney(s) appearing for the Case

Mr. Karl Michelet, Washington, D. C., with whom Mr. Michael J. Keane, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Leonard S. Melrod, Washington, D. C., with whom Mr. Albert D. Misler, Washington, D. C., was on the brief, for appellee.

Before CLARK, PROCTOR and BAZELON, Circuit Judges.

BAZELON, Circuit Judge.

On January 17, 1949, appellee (Bernstein) agreed to purchase the outstanding capital stock of the New Colonial Hotel from one Nettie Howard. He reserved the right, however, to withdraw "In the event the buyer or his assigns be not satisfied with said audit or investigation [of the hotel's books, accounts and records] for any reason whatsoever * * *." Appellant (Dixon), the real estate broker who arranged the sale, was to be paid "a commission...

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