HEDDEN v. FOLIO


62 N.J. Super. 470 (1960)

163 A.2d 163

PATRICK L. HEDDEN AND LAWRENCE R. HEDDEN T/A PATRICK L. HEDDEN AGENCY, PLAINTIFFS-APPELLANTS, v. FRANK J. FOLIO AND RUTH FOLIO, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1960.


Attorney(s) appearing for the Case

Mr. Richard C. McDonough argued the cause for plaintiffs-appellants (Messrs. McDonough & Sullivan, attorneys).

Mr. William P. Elliott argued the cause for defendants-respondents (Messrs. Bunker, Elliott & Mooney, attorneys).

Before Judges PRICE, SULLIVAN and FOLEY.


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

This action grows out of a dispute as to whether defendants are liable to plaintiffs for a real estate brokers' commission. On a motion to dismiss made at the conclusion of the plaintiffs' case, the trial court ruled that the commission never became payable and entered judgment in favor of defendants. Plaintiffs appeal.

The case is presented to us on an agreed statement in lieu of record from which...

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