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RICHARD A. MATHURIN AND ASSOCIATES, LLC v. CROWE

No. CIV.04-29-P-H.

338 F.Supp.2d 157 (2004)

RICHARD A. MATHURIN AND ASSOCIATES, LLC, Plaintiff v. Robert E. CROWE, Sr., Defendant

United States District Court, D. Maine.

October 6, 2004.

Attorney(s) appearing for the Case

John P. Giffune, William C. Knowles, Verrill & Dana, Portland, ME, for Richard A. Mathurin and Associates, LLC, Plaintiff.

Christopher R. Drury, Peter W. Culley, Pierce, Atwood LLP, Portland, ME, for Robert E. Crowe, Sr., Defendant.

DECISION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

HORNBY, District Judge.

The question here is whether a broker engaged to sell a business can recover its commission. The engagement letter provided for a commission only in the event of sale, and no sale ever took place. I conclude that the broker can recover its commission if it proves that it procured a ready, willing and able buyer who made a proposal acceptable to the seller, but that the...

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