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McCANN v. BISS

65 N.J. 301 (1974)

322 A.2d 161

NELL McCANN, INDIVIDUALLY AND T/A NELL McCANN REALTY, PLAINTIFF-APPELLANT, v. STEVEN BISS AND JOAN BISS, DEFENDANTS-RESPONDENTS, AND ERNEST E. WUESTER AND ELAINE P. WUESTER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 25, 1974.

Attorney(s) appearing for the Case

Mr. Terence P. Corcoran argued the cause for plaintiff-appellant (Messrs. Corrado, Corcoran & Sokalski, attorneys; Mr. Corcoran, of counsel and on the brief).

Mr. William C. Bochet argued the cause for defendants-respondents Biss (Messrs. Dobrin, Muscarella & Saunders, attorneys; Mr. Bochet, of counsel and on the brief).

Mr. George van Hartogh argued the cause for defendants-respondents Wuester (Messrs. Slingland, Bernstein & van Hartogh, attorneys; Mr. van Hartogh, of counsel and on the brief).

The opinion of the Court was delivered by HALL, J.

In this suit in the Bergen County District Court the plaintiff, a real estate broker, sought to recover commissions on the sale of a residential property in West Milford, Passaic County, made directly by defendants Biss (sellers) to defendants Wuester (buyers). The broker did not have written authority from the sellers to sell the property nor did she serve upon them a so...

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