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Gabriel v. Auf Der Heide-Aragona Inc.

Decided: June 25, 1951.

NEWTON G. GABRIEL, PLAINTIFF-RESPONDENT,
v.
AUF DER HEIDE-ARAGONA, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT



McGeehan, Jayne, and Wm. J. Brennan, Jr. The opinion of the court was delivered by Jayne, J.A.D.

Jayne

On July 30, 1945, Stanley M. Aragona, the treasurer of Auf der Heide-Aragona, Inc., the defendant-appellant, signed and delivered to Newton G. Gabriel, the plaintiff-respondent, the memorandum of which the following is a copy:

"Telephone Union 3-0488-0489

5510-12 Jackson St.,

West New York, N.J.

AUF DER HEIDE-ARAGONA, INC.

BUILDERS

July 30, 1945

Mr. Newton G. Gabriel,

6701 Blvd East,

West New York, N.J.

Dear Sir:

In consideration of your undertaking to lease the ground floor and balcony of the property located at 5510-12 Jackson Street, West New York, N.J., for a yearly rental of $2,000.00 per year, or any amount acceptable to us, with a deposit of six months rent payable at the signing of lease, the undersigned agrees to pay Newton G. Gabriel the sum of $800.00 as commission.

It is understood that property will not be available for occupancy until four weeks after signing of lease.

Your authority and rights hereunder shall be sole and exclusive for the period of ten days from the date hereof.

Signed:

AUF DER HEIDE-ARAGONA, INC.,

Stanley M. Aragona,

Treas.

Accepted by:

Newton G. Gabriel

NEWTON G. GABRIEL"

On the afternoon of that day the plaintiff procured a prospective tenant ready, able and willing to lease the designated premises on certain terms which were satisfactory to Mr. Aragona. The defendant declined to demise the premises. The plaintiff successfully prosecuted the present action in which he obtained a judgment against the defendant for the stated commission with interest. This appeal ensued.

The predominant issue originated by the pleadings and confirmed at the pretrial conference related to the authority of the treasurer to obligate the defendant corporation in a ...


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