PARK ROAD HOUSING COMPANY v. Adas Israel Hebrew Congregation, 12245.
| Decision Date | 16 June 1955 |
| Docket Number | No. 12245.,12245. |
| Citation | 96 US App. DC 189,225 F.2d 28 |
| Parties | PARK ROAD HOUSING COMPANY, Inc., Appellant, v. ADAS ISRAEL HEBREW CONGREGATION et al., Appellees. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Messrs. Thurman L. Dodson and E. Lewis Ferrell, Washington, D. C., for appellant.
Mr. Leon M. Shinberg, Washington, D. C., with whom Mr. Martin S. Becker, Washington, D. C., was on the brief, for appellee Adas Israel Hebrew Congregation.
Mr. Jacob N. Halper, Washington, D. C., with whom Mr. Ernest F. Coleman, Washington, D. C., was on the brief, for appellee Bishop L. H. Hemingway and certain other appellees.
Before EDGERTON, PRETTYMAN, and WILBUR K. MILLER, Circuit Judges.
The plaintiff real estate broker appeals from a judgment for the defendants in an action for a commission. Count I of the complaint asks judgment against the seller for the amount of the commission which the seller paid to a different broker, the Colonial Investment Company. Count II asks judgment for the same amount, against both the seller and the purchasers, as damages caused by collusion between them to deprive the plaintiff of the commission.
Battle v. Price, 63 App.D.C. 326, 327, 72 F.2d 377, 378. The eventual purchaser was not able and willing to buy on the terms offered by the seller until the Colonial Investment Company suggested means of financing the purchase. The evidence supports the District Court's finding that there was no collusion.
Affirmed.
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Miller v. Avirom
...that appellant's wife had not sanctioned a sale, was abandoned at the argument. 2 See Park Road Housing Co. v. Adas Israel Hebrew Congregation, 96 U.S.App.D. C. 189, 190, 225 F.2d 28, 29 (1955); Buckner v. Tweed, 81 U.S.App.D.C. 256, 157 F.2d 211 (1946), cert. denied 330 U.S. 825, 67 S.Ct. ......
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Pastor v. Williams
...unless such failure is attributable to some fault or misconduct of seller. See, generally: Park Road Housing Co. v. Adas Israel Hebrew Cong., 96 U.S.App.D.C. 189, 225 F.2d 28; Rowe v. Shilby, 86 U.S.App.D.C. 74, 179 F.2d 807, 18 A.L.R.2d 373; Battle v. Price, 63 App.D.C. 326, 72 F.2d 377; D......
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Downing v. H. G. Smithy Co., 1839.
...contract." Citing Fox v. Cohen, 34 App.D.C. 389. The same general ruling was recently stated again in Park Road Housing Co. v. Adas Israel Hebrew Cong., 96 U.S.App.D.C. 189, 225 F.2d 28. The Smithy listing was an exclusive one, but it expired September 1, 1955. After that Smithy had only a ......
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