On appeal from the Supreme Court.
For the defendant-respondent, Patterson, Rhome & Morgan (Lester C. Leonard, of counsel).
For the plaintiff-appellant, Nicholas La Vecchia (Herbert A. Kuvin, of counsel).
The opinion of the court was delivered by
KAYS, J. This is an appeal from a judgment entered in the New Jersey Supreme Court in favor of the defendant and against the plaintiff of no cause of action. The case was tried at the Essex Circuit before the Circuit Court judge and a jury, and the judge directed a verdict.
The suit was brought by Joseph M. Vicarisi, the assignee of Fred L. Tichenor, against Doris I. Weeden. Tichenor was a real estate and mortgage loan broker and brought this suit against Weeden for damages caused by Weeden's breach of a contract, which breach it was claimed consisted of the fact
that the defendant made it impossible for Tichenor to perform his part of a contract. The facts were, that Weeden applied to Tichenor for a mortgage loan. An application was filled out and signed by Weeden which provided, "the undersigned wishes to procure a loan of $35,000 for five years at six per cent. interest on the bond of Doris I. Weeden on the following property, and states that the application will not be made elsewhere until a decision is rendered and also agrees to pay Fred L. Tichenor three per cent. commission for procuring the said loan, including the cost of preparing and recording of all necessary papers, abstract of title, searches and attorney or title company for examination and insuring of the title, excluding revenue stamps if borrower is a corporation.
"Owner of property, Doris I. Weeden.
"Located on the northwest corner of Second avenue and Main street (No. 1001-3 Main).
"City of Asbury Park, county of Monmouth, State of New Jersey."
The application further sets forth the size of the building, rental value of the ground, value of the building, &c., and is signed at the end thereof "Doris I. Weeden," and dated at Asbury Park, New Jersey, June 20th, 1929. After receiving this application Tichenor claimed that he proceeded with the work of procuring the loan. Tichenor had a conference with the Howard Savings Institution officials and paid the Howard Savings Institution $10 for an application for a loan on the Weeden property. The Howard Savings Institution agreed to investigate the property with the idea of making a loan to Mr. Weeden. Weeden knew at the time Tichenor took the application that Tichenor expected to apply to the Howard Savings Institution for the loan. Tichenor testified that after he conferred with the officials of the Howard Savings Institution they agreed to examine the property and report to him ...