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Contracts Keyed to Dawson
Amies v. Wesnofske
Citation:
255 N.Y. 156, 174 N.E. 436 (1931)Facts
The defendants owned a farm in Hicksville, Long Island, which they agreed to sell to de Riesthal and Crawford for approximately $124,000. The plaintiffs, Amies and Hines, were real estate brokers who introduced the buyers to the defendants. On December 9, 1925, when the contract of sale was executed, the defendants signed a memorandum recognizing the plaintiffs as their agents and agreeing to pay them $5,000 for their services, with $2,500 paid immediately and the balance “to be paid on the closing of title.” The buyers paid $10,000 down, with $30,000 due at closing scheduled for April 9, 1926. The closing was adjourned to June 1, 1926, when the buyers, lacking sufficient funds, declined to complete the purchase. The parties then agreed that the sellers would retain the $10,000 already paid as liquidated damages and release the buyers from their obligations. The brokers were not consulted about this arrangement and subsequently sued for the remaining $2,500 of their commission.
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