CLARK v. JELSMA


40 N.J. Super. 58 (1955)

122 A.2d 180

BERT CLARK, PLAINTIFF-RESPONDENT, v. MARSHALL W. JELSMA AND LILY E. JELSMA, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1955.


Attorney(s) appearing for the Case

Mr. Lester J. Kramer argued the cause for the respondent.

Mr. Howard Stern argued the cause for the appellants (Mr. Joseph V. Fumagalli, attorney).

Before Judges CLAPP, JAYNE and FRANCIS.


The opinion of the court was delivered by FRANCIS, J.A.D.

Plaintiff, a real estate broker, was granted a judgment for commissions adjudged as earned by the production of a buyer for defendants' property. The appeal is predicated upon the assertion that the liability for commissions was contingent upon the passing of title, an event which did not take place.

There is no doubt that defendants engaged plaintiff orally to find a purchaser for their property. Clark...

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