[DOWNLOAD] "Guy Graff v. Marvin Billet" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: Guy Graff v. Marvin Billet
- Author : Court of Appeals of New York
- Release Date : January 14, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The dissent relies upon the rule that where the sale fails due to the seller's fault or default, a broker is entitled to the
commission unless the parties clearly intend otherwise. Their reliance is misplaced. The rule is inapplicable where, as here,
the brokerage agreement explicitly provides that the commission is due when "title passes", not merely when the broker has
obtained a prospective buyer. In light of such a provision, the rule would apply only if the seller and the broker's prospective
buyer had already entered a sales contract, and the seller's "fault" or "default", within the meaning of the rule, would have
reference solely to a breach of that sales contract. Indeed, such were precisely the circumstances in the cases adverted to
by the dissent in support of the rule.