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Merson v. Schweitzer

Decided: January 24, 1962.

JULES E. MERSON, T/A J.E. MERSON COMPANY, PLAINTIFF-APPELLANT,
v.
WILLIAM P. SCHWEITZER, DEFENDANT-RESPONDENT, AND GERTRUDE SCHWEITZER, HIS WIFE, DEFENDANT



Gaulkin, Kilkenny and Herbert. The opinion of the court was delivered by Gaulkin, J.A.D.

Gaulkin

Plaintiff Merson, a Jersey City real estate broker, sued defendants for a commission of $3,000 for arranging a written contract, entered into July 3, 1958, whereby Mr. and Mrs. Manders agreed to buy defendants' home, located in Hillside, N.J. After trial without a jury the Law Division entered judgment for defendants, and plaintiff appeals.

Before Merson approached Mr. Schweitzer, a Hillside Jewish congregation had endeavored to buy the property through an Elizabeth broker. For reasons which do not

appear in the record Mr. Schweitzer, though a Jew, refused to sell to the congregation.

Mr. Manders was a member of the congregation. Somehow an appointment was made for Manders (who lived in Hillside) to meet Merson (who was a stranger to him) in Jersey City. Merson admitted that when they met Manders told him that he represented the congregation, and that the congregation wanted to buy the property. However, when Merson called Schweitzer he told Schweitzer the buyer was Manders. The price, incidentally, was $60,000, all cash. In cross-examining Schweitzer, plaintiff's attorney brought out that in his deposition before trial Schweitzer had testified as follows (emphasis ours):

"Q. 'Did you in the first conversation with Mr. Merson inquire of him as to who was going to purchase the property?

Answer: Yes.

Question: Who did he tell you?

Answer: He gave me the names of Mr. and Mrs. Manders and said that in order to see if the property was suitable would I agree to let Mr. Manders take his wife to see the property. I asked him at that time who he was because I wasn't interested in selling this property to anyone.

He told me he was a very responsible man, very high caliber, and as I understood it, he was connected with the R.C.A. Company.'"

At another point Mr. Schweitzer testified:

"I said I would like very much to know who this man is, what type of man he is. He gave me ...


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