ATL. MARINE & BOAT CORP. v. HERLIHY


204 A.D.2d 890 (1994)

612 N.Y.S.2d 480

Atlantic Marine and Boat Corporation, Doing Business as Hudson Marine Sales, Respondent, v. Patrick F. Herlihy et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 19, 1994


Weiss, J.

Defendants decided to sell their 1990 boat and purchase a larger, new 1991 boat. On October 1, 1991 defendants signed a brokerage agreement authorizing plaintiff to sell their boat for $62,000 and agreed to pay a sales commission at 8% of the accepted price. At about the same time plaintiff presented defendants with a purchase agreement for the sale of a new 1991 boat at a price of $155,400. Although the purchase agreement included a trade-in...

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