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KISLAK CO., INC. v. GELDZAHLER

210 N.J. Super. 255 (1985)

509 A.2d 320

THE KISLAK COMPANY, INC. A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. SEYMOUR GELDZAHLER, INDIVIDUALLY AND T/A ALLEN ROAD ASSOCIATES, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided December 19, 1985.

Attorney(s) appearing for the Case

Frederick M. Testa for plaintiff.

Tonita S. Conaghan for defendant.

NEWMAN, J.S.C.

Plaintiff seeks to compel defendant to pay a commission on real estate sold while allegedly under an exclusive sale agreement. The issue presented to this court, not yet addressed in New Jersey, is whether breach of a referral provision of an exclusive right to sell agreement entitles the listing broker to the commission stipulated in the agreement. The pertinent facts found during this nonjury trial are as follows. Plaintiff, Kislak Company, Inc. ...

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