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ELLSWORTH DOBBS, INC. v. JOHNSON

50 N.J. 528 (1967)

236 A.2d 843

ELLSWORTH DOBBS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. JOHN R. JOHNSON AND ADELAIDE P. JOHNSON, HIS WIFE, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. JOSEPH IARUSSI, THIRD-PARTY DEFENDANT AND DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 18, 1967.

Attorney(s) appearing for the Case

Mr. Thomas L. Morrissey for plaintiff-appellant (Messrs. Carpenter, Bennett & Morrissey, attorneys; Miss Virginia D. Fenton, on the brief).

Mr. William P. Westling for plaintiffs-respondents John R. Johnson and Adelaide P. Johnson (Messrs. Imbriani, Hughes, Westling & Lucas, attorneys).

Mr. Lee A. Holley for defendant-respondent Joseph Iarussi (Messrs. Holley and Kroner, attorneys).

Mr. Arthur M. Greenbaum for New Jersey Association of Real Estate Boards appearing amicus curiae (Messrs. Greenbaum, Greenbaum & Rowe, attorneys; Mr. Stanley Stern on the brief).

The opinion of the court was delivered by FRANCIS, J.

Plaintiff Ellsworth Dobbs, Inc., a real estate broker, sued John R. Johnson and Adelaide P. Johnson, his wife, and Joseph Iarussi for commissions allegedly earned in a real estate transaction. The Johnsons, as owners of certain acreage in Bernards Township, New Jersey, and Iarussi as purchaser, entered into a written agreement, the former to sell and the latter to buy the property. There is no doubt that Dobbs...

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