On appeal from the District Court of the City of Bayonne.
For the plaintiffs-respondents, Sydney Shulman (Maurice Summer, of counsel).
For the defendants-appellants, Charles W. Hutchinson.
Before Justices Bodine, Heher and Wachenfeld.
The opinion of the court was delivered by
WACHENFELD, J. This was an action in the District Court to recover brokerage commissions claimed by virtue of an exclusive brokerage agreement. The court refused to strike the state of demand and judgment for $412.50 was entered.
The respondents, duly licensed real estate brokers, obtained the following authorization dated February 6th, 1947:
"In consideration of your listing and endeavoring to sell or exchange the property described on the reverse side hereof, the undersigned hereby authorizes you to sell or exchange said property at the price and upon the terms set forth on the reverse side hereof, or at any other price or terms the undersigned
may agree to accept therefor and upon your procuring a purchaser agrees to pay you a commission of Five per cent of the purchase price thereof. Your authority hereunder shall be sole and exclusive for the period of six months from the date hereof, and shall not terminate at the expiration of said period unless you are notified in writing to that effect. Minimum commission $250.00.
"Your commission shall also be considered earned in event said property is sold or exchanged, or contracted to be sold or exchanged, by any one before the termination of your exclusive authority hereunder."
It was prepared on the partnership stationery, signed only by the appellants, a printed space for acceptance by the agency being left blank.
From February 8th to February 27th the house was advertised for sale and the respondents brought prospective purchasers to inspect the premises, and put up a "For Sale" sign which contained the agency's name and address. On February 27th Rose T. DeLap informed Peacock that they were selling the house personally for ...