BECKMANN, INC. v. (ZINKE'S) RAINBOW'S END


40 N.J. Super. 193 (1956)

122 A.2d 519

GEORGE H. BECKMANN, INC., PLAINTIFF-APPELLANT, v. (ZINKE'S) RAINBOW'S END, INC., AND KERWIN VON HOFF AND FRED T. PORTER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1956.


Attorney(s) appearing for the Case

Mr. Warren Dixon, Jr., argued the cause for appellant.

Mr. George F. Losche argued the cause for respondents (Mr. Francis L. Boyle, attorney).

Before Judges CLAPP, JAYNE and FRANCIS.


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

The fundamental rules and principles of law relative to a broker's right, if any, to commissions are so firmly established in our jurisprudence that the controversial issues of modern litigation in that field ordinarily concern the application of the acknowledged law to the facts of the particular case.

It is the basic legal rule that in the absence of some qualifying or oppugnant expression in the contract...

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