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CALLOWAY v. WILDWOOD CREST

70 N.J. Super. 601 (1961)

176 A.2d 41

EARL R. CALLOWAY, PLAINTIFF, v. BOROUGH OF WILDWOOD CREST, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 1, 1961.

Attorney(s) appearing for the Case

Mr. Marvin D. Perskie (Messrs. Perskie and Perskie, attorneys), argued the cause for plaintiff.

Mr. Jonathan W. Acton, attorney for defendants.

CAFIERO, J.S.C.

This is an action in which it is sought to have the sale of certain borough land declared illegal and void, and also to restrain the borough assessor from participating in the consummation of future sales in his capacity as a licensed real estate broker.

It has been the custom for the Borough of Wildwood Crest, pursuant to N.J.S.A. 40:60-26, to pay real estate brokers a commission of 5% of the sales price when they are the successful...

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