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BURKE v. HOFFMAN

50 N.J. Super. 136 (1958)

141 A.2d 340

WILLIAM F. BURKE AND EDMUND B. HOURIGAN, AS CO-PARTNERS TRADING UNDER THE FIRM NAME OF BURKE, SHERIDAN & HOURIGAN, PLAINTIFFS, v. FREDERICK R. HOFFMAN AND BERNARD J. BERGTON, TRADING UNDER THE FIRM NAME AND STYLE OF B.J. BERGTON, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 8, 1958.

Attorney(s) appearing for the Case

Messrs. Burke, Sheridan & Hourigan, attorneys pro se.

Messrs. Merrey & Merrey, attorneys for defendant Frederick R. Hoffman.

Mr. Warren Dixon, Jr., attorney for defendant Bernard J. Bergton.

GRIMSHAW, J.S.C.

On June 28, 1955 Franmar Realty Company, Inc., being the owner of several tracts of land in the Township of Teaneck, appointed the defendant Bergton as its exclusive agent for the sale of seven of the parcels of land. The corporation agreed to pay to Bergton a commission of $350 on the sale of each house, which commission was payable on the date of closing. The agreement is as follows:

"In consideration of your listing and undertaking the...

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