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BENNETT v. McCABE

No. 86-1343.

808 F.2d 178 (1987)

John E. BENNETT, d/b/a Bennett Realty, etc., Plaintiff, Appellant, v. James P. McCABE and John M. Zitaglio, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 9, 1987.

Attorney(s) appearing for the Case

Alan B. Rubenstein with whom Rackemann, Sawyer & Brewster, was on brief, for plaintiff, appellant.

Barry C. Klickstein, with whom Donna Lannon and Forman, Roberts, Klickstein & Levy, were on brief, for defendants, appellees.

Before COFFIN, BREYER and TORRUELLA, Circuit Judges.

COFFIN, Circuit Judge.

In this case we are called upon to determine whether Massachusetts law permits a broker to recover a commission when he provides a ready, willing, and able purchaser for a commercial property, but the transaction fails due to an unknown defect in the seller's title. Appellant, a real estate broker, filed this diversity action against the sellers of a motel seeking to recover his commission, but the court below held that neither Massachusetts...

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