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Appellate Advocacy Keyed to Meador, 2nd Ed.
Miller v. Avirom
Citation:
384 F.2d 319 (1967)Facts
Hansford Miller, the appellant, orally listed his apartment building with Jackson Avirom, a licensed real estate broker, for sale on specified terms and for an agreed commission. Avirom successfully negotiated with a prospective buyer and produced an offer that met Miller’s terms. The buyer was ready, willing, and able to purchase the property as established by the District Court’s findings. Despite this, Miller refused to accept the offer and subsequently refused to pay Avirom the commission. At trial, Miller primarily argued that he never authorized Avirom’s activities and secondarily asserted a statute of frauds defense. The District Court ruled in favor of Avirom, finding that Miller had orally listed the property and that Avirom had produced a qualified buyer.
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