MILLER V. AVIROM 384 F.2d 319 (1967) CASE BRIEF

MILLER V. AVIROM

384 F.2d 319 (1967)

NATURE OF THE CASE: This was a dispute over a real estate commission.

FACTS: P, a real estate broker, sued D for a commission allegedly earned by P negotiation of an offer that D refused to accept for the purchase of an apartment building. The judge in a bench trial, issued judgment for P on a finding that D had orally listed the property with P for sale on specified terms and for an agreed upon commission and that P had produced a ready, willing, and able buyer to buy on the terms specified. D asserted the statute of frauds and that he never authorized P's actions. D also on appeal asserted a claim that it was illegal for a licensed real estate salesman or broker to offer realty for sale without the written consent of the owner.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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