HARRIS v. KRESS & CO.

No. 18497.

287 F.2d 878 (1961)

Milton J. HARRIS, Appellant, v. S. H. KRESS & CO., a/k/a S. H. Kress and Company, Appellee.

United States Court of Appeals Fifth Circuit.

March 16, 1961.


Attorney(s) appearing for the Case

Burton B. Loebl, Miami Beach, Fla., William A. Stern, II., Miami, Fla., for appellant.

Louis S. Bonsteel, Miami, Fla., Smathers, Thompson & Dyer, Miami, Fla., of counsel, for appellee, S. H. Kress & Co.

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.


PER CURIAM.

The judgment of the trial court is affirmed. The parties submitted motions for summary judgment based on an exchange of letters which the appellant contends constituted a contract engaging him as a broker at 5% commission to find a tenant for appellee's store property. We think it is clear that the correspondence amounted only to preliminary negotiations that did not ripen into a contract. This follows from the fact that appellant would be entitled to...

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