COFFIN, Circuit Judge.
This is an appeal from a summary judgment entered for appellee in a diversity action in which appellant sought a brokerage fee from a putative buyer of a business who allegedly wrongfully withdrew from a purchase agreement appellant had initiated on behalf of the seller. The purchase agreement obligated the buyer to pay the broker "if and when" the transaction was consummated.
Appellant's assignors were the sole stockholders of McClellan...
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