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Contracts Keyed to Calamari
Donovan v. Middlebrook
Facts
The Defendants, Middlebrook and others (the "Defendants"), employed Joseph Tach ("Mr. Toch"), to find a buyer for a certain parcel of real estate. If Mr. Toch was successful in procuring a buyer, he was to receive a commission of 2%. Mr. Toch, with the assistance of an individual named Salo A. Horowitz ("Mr. Horowitz"), found a buyer willing to pay $325,000 for the parcel. Mr. Toch entered into an agreement on April 6, 1903 with Mr. Horowitz promising to pay him half his total commission, which was $3,250. This agreement effectively assigned half of Mr. Toch's commission to Mr. Horowitz. The Defendants were informed of this arrangement. Mr. Horowitz assigned his stake in the commission to the Plaintiff, Donovan (the "Plaintiff"). The Plaintiff sued the Defendants based on the agreement between Mr. Toch and Mr. Horowitz. The trial court dismissed the Plaintiff's complaint.
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