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HERMAN v. STERN

419 Pa. 272 (1965)

Herman v. Stern, Appellant.

Supreme Court of Pennsylvania.

Reargued November 23, 1964.

October 13, 1965.

Attorney(s) appearing for the Case

Jerome L. Markovitz, with him Milton Brooks, for appellant.

C. Laurence Cushmore, Jr., with him White & Williams, for appellee.

Warren G. Morgan, and Morgan & Roth, for amicus curiae.

Milton P. King, Philip Sterling, and Mancill, Sterling, Magaziner & Semans, for amicus curiae.

Emanuel Romm, and Barnie F. Winkelman, for amicus curiae.

Before JONES, COHEN, O'BRIEN and ROBERTS, JJ. March 17, 1964, judgment reversed, ROBERTS, J., dissenting. Reargument granted May 27, 1964.

OPINION BY MR. JUSTICE O'BRIEN, October 13, 1965:

The instant appeal arises from a suit by a real estate broker for a commission which he alleges was earned through the sale of property owned by James L. Stern, the appellant herein. Stern and his wife owned the land and building located at 1707 Walnut Street in Philadelphia. In May of 1954, Stern rented his building to John J. Shaw, Jr. Late in 1959, Shaw sought to be relieved of his lease. The Shaw lease did not...

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