Knox v. Modern Garage & Repair Shop

Action upon a broker’s contract to recover the sum of $500 provided for therein as a commission for the sale of a certain garage.

The contract reads as follows:

The complaint in substance alleges defendants to- be partners doing business under the name of “Modem Garage and Repair Shop,” and charges that such defendants, after the execution of the contract with the Service Investment Co. and while the same was in full force and effect, themselves sold and transferred the said garage business to certain purchasers, and that by reason thereof the commission provided for immediately became due and payable to- said Service Investment Co. Then follows an allegation of the assignment by said company of all its rights under the contract to- plaintiff, and a prayer for the amount of the commission.

Defendants, answering, admit entering into a contract for the sale of said business, but allege that the same was limited to a period of ten days, and that plaintiff’s assignor failed within said time to produce a purchaser able, ready, and willing to purchase, and that such contract was thereafter terminated and canceled by consent, and that plaintiff’s assignor thereafter made no further…