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McCourt v. Petagna

Decided: February 13, 1948.

JOSEPH B. MCCOURT, RESPONDENT,
v.
GUISEPPE PETAGNA, APPELLANT



On appeal from the District Court.

For the appellant, Louis G. Morten.

For the respondent, Nathan Zeichner and Howard Engel.

Before Justices Bodine, Heher and Wachenfeld.

Bodine

The opinion of the court was delivered by

BODINE, J. This is an appeal from the District Court. The plaintiff in that action was a broker and he sued for

commissions earned in procuring purchasers for a store and a three family building situate at 413 Washington Street, Hoboken, New Jersey.

The first exhibit is the ordinary exclusive agency agreement for the period of three months and longer unless terminated in writing (it seems not to have been till November 16th, 1946). It bears date August 16th, 1946, and calls for payments of commissions at the rate of five per cent. of the selling price. This agreement was still in effect when the broker introduced to the owner Herman F. Hinrichs and William Luckert. At all events, after the introduction, the owner of the premises signed the following receipt:

"Hoboken, N.J.

Nov. 6 - 1946

"Received of Herman F. Hinrichs and William Luckert the sum of Two Hundred & 00/100 ($200.00) Dollars as deposit for the purchase of premises located at 413 Washington St., Hoboken, N.J. for a price of $19,000.00. It is expressly understood that this price include all equipment in kitchen and furniture and fixtures in the store as well as the transfer of plenary retail consumption license No. C153 by the City of Hoboken.

"The terms of the sale are: one-half cash or $9,500 -- less the amount herewith and additional deposit on contract. I am to give" (we suppose take) "a purchase money mortgage in the amount of the balance due which is $9,500 -- for a period of ten (10 yrs) with interest at five (5) per cent ...


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