Supreme Court of New Jersey
Ellsworth Dobbs, Inc., a New Jersey Corporation, Plaintiff-Appellant v. John R. Johnson and Adelaide P. Johnson…
December 18, 196750 N.J. 528
Summary
The Supreme Court of New Jersey reversed the lower courts, holding that a broker is not entitled to commission from a seller when the buyer fails to close due to financial inability, and that the buyer's liability for commission is a factual issue for a jury. The judgment against the Johnsons was reversed and entered for them, and the judgment against Iarussi was reversed and remanded for a new trial.