Sullivan

This is a defendants’ appeal from a judgment after a court trial in an action for breach of contract to pay a real estate broker’s commission and for damages for interference with contract relations and conspiracy to interfere with contract relations. Defendant John L. Sullivan entered into a written agreement to pay a commission if he purchased property presented to him by R. J. Kuhl Corporation (Kuhl). Sullivan contracted to purchase such a property but terminated the contract before closing under an agreement which substituted defendant Henry Khachaturian as the purchaser and gave Sullivan an option to purchase one-half of the property from Khachaturian and indemnified Sullivan for one-half of any commission owed Kuhl.

The trial court ruled that Sullivan owed a commission under his contract with Kuhl. In the published portion of the opinion we conclude that the trial court’s ruling is correct. Sullivan’s termination of the contract and the substitution of Khachaturian as purchaser and refusal to pay a broker’s commission to Kuhl allowed him to obtain pecuniary benefits at Kuhl’s expense. Where a commission is conditioned on completion of a purchase transaction the…