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MERCNER v. FAY

71 N.J. Super. 519 (1962)

177 A.2d 481

MINNA A. MERCNER, PLAINTIFF-RESPONDENT, v. GRACE N. FAY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 1962.

Attorney(s) appearing for the Case

Mr. John M. Boyle argued the cause for respondent (Messrs. Sauer and Boyle, attorneys; Mr. Daniel J. Russell, on the brief).

Mr. H. Frank Pettit argued the cause for appellant (Mr. Pettit, on the brief).

Before Judges GOLDMANN, FOLEY and MOLINEUX.

The opinion of the court was delivered by MOLINEUX, J.C.C. (temporarily assigned).

This is an appeal from a judgment awarding plaintiff a real estate commission on a sale of defendant's home. The case was tried below without a jury on a stipulation of facts and on depositions together with certain exhibits hereinafter mentioned.

Defendant, desirous of selling her property, signed a multiple listing agreement in a form drawn up and used by the Westfield Board...

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