Ellsworth Dobbs, Inc. v. Johnson
Supreme Court of New Jersey
236 A.2d 843 (1967)
Relevant factsFree
Dobbs (plaintiff), a real estate broker, produced buyer Iarussi, who signed a purchase agreement with seller Johnson (defendant), but title never closed because Iarussi couldn't obtain financing; the trial judge held Dobbs's commission vested upon mere execution of the contract regardless of whether the sale closed, but the appellate division reversed and ordered a jury trial.
IssueFree
Whether, absent some wrongful act by the seller, the seller is liable for the broker's commission in the event the sale is not completed.