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Breen v. Debron

Decided: November 15, 1950.

JOHN J. BREEN, T/A BANKERS REALTY COMPANY, PLAINTIFF-RESPONDENT,
v.
ALEXANDER DEBRON, DEFENDANT-APPELLANT



McGeehan, Jayne and Wm. J. Brennan, Jr. The opinion of the court was delivered by McGeehan, S.j.a.d.

Mcgeehan

The question presented is whether the court below erred in denying defendant's motion for dismissal.

The plaintiff, a real estate broker, sued the defendant, demanding commission for the sale of defendant's property to

Adeline Gallena and Louis J. Gallena. The plaintiff relied on a notice in writing which he served upon the defendant under the following provision of R.S. 25:1-9:

"Any broker or real estate agent selling or exchanging real estate pursuant to an oral agreement with the owner of such real estate, who shall actually effect such sale or exchange before such oral agreement shall have been repudiated or terminated by the owner in writing as hereinafter provided, may recover from such owner the amount of commission on such sale or exchange, if the broker or agent shall, within five days after the making of the oral agreement and prior to the actual sale or exchange of such real estate, serve upon the owner a notice in writing, setting forth the terms of the oral agreement and stating the rate or amount of commission to be paid thereunder, and if the owner shall not have repudiated or terminated the oral agreement prior to the actual sale or exchange of the real estate."

The writing relied upon was the following letter:

"May 30, 1948.

"Mr. Alex Debron

"405 Aurora Avenue

"Cliffside Park, N.J.

"Dear Mr. Debron:

"Confirming your oral authorization to sell premises known as E/S Buckingham Road, Palisade, New Jersey, at a price of $45,000., or any ...


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