Stevens v. Oschwald Realty Corp.
| Decision Date | 19 October 1932 |
| Docket Number | No. 23.,23. |
| Citation | 162 A. 619 |
| Parties | STEVENS v. OSCHWALD REALTY CORPORATION. |
| Court | New Jersey Supreme Court |
Appeal from Court of Common Pleas, Monmouth County.
Action by Robert L. Stevens against the Oschwald Realty Corporation. From judgment for plaintiff, upon directed verdict, defendant appeals.
Affirmed.
Argued May term, 1932, before GUMMERE, C. J., and BODINE and DONGES, JJ.
Quinn, Parsons & Doremus, of Red Bank, for appellant.
Joseph F. Mattice and William J. O'Hagan, both of Asbury Park, for respondent.
This is an appeal from a judgment of the Monmouth county court of common pleas entered upon a verdict directed in favor of the plaintiff by the trial judge. The suit was by a real estate broker upon a contract to pay a commission for the renting of property of the defendant by him. The contract reads as follows: "In the event of your bringing about the renting or selling of my property you will be recognized as a licensed real estate broker and entitled to your regular commission of 5% of the amount of the rent or of the sale."
The property was a lot in Red Bank. The plaintiff brought together defendant and the Mileage Gas Corporation, and as the result of negotiations a lease was entered into. The lease provided that the defendant should obtain a permit to construct and should construct a gasoline service station upon the premises. The term was to begin five days after the completion of the building. It further provided that if the building permit were not obtained within sixty days, the lessee should have the option of voiding the lease. The Mileage Gas Corporation supplied the defendant with plans for the service station and the building permit was applied for. It was denied on the ground that the plans did not comply with the local building ordinance. Defendant requested the Mileage Gas Corporation to supply new plans. This was not done; no renewal of the application was made; and after the sixty-day period the Mileage Corporation declared the lease void.
The plaintiff demanded his commission and, upon failure to receive it, instituted the instant suit. At the close of the evidence the trial judge directed a verdict for the plaintiff, which is the action here under review; the defendant-appellant asserting that the trial court should either have directed a verdict for it or should have submitted the case to the jury.
The contract required the plaintiff to bring: about the "renting" of the property. If he did precisely...
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Cohen v. Scola
...during a trial period. Gabriel v. Glickman, 51 A.2d 106, 25 N.J.Misc. 120, 123 (Sup.Ct.1947). See also Stevens v. Oschwald Realty Corp., 162 A. 619, 10 N.J.Misc. 1140 (Sup.Ct.1932), affirmed 111 N.J.L. 355, 168 A. 286 (E. & A. 1933), where a broker was held entitled to recovery from the les......
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Stevens v. Oschwald Realty Corp., 24.
...Court of Errors and Appeals of New Jersey. Sept. 27, 1933. Appeal from Supreme Court, whose per curiam opinion is reported in 162 A. 619, 10 N. J. Misc. 1140. Quinn, Parsons & Doremus, of Red Bank, for Joseph F. Mattice, of Asbury Park, for respondent. PER CURIAM. The judgment under review ......