MILTON J. HARRIS, APPELLANT,
v.
S. H. KRESS & CO., A/K/A S. H. KRESS AND COMPANY, APPELLEE
MILTON J. HARRIS, APPELLANT,
S. H. KRESS & CO., A/K/A S. H. KRESS AND COMPANY, APPELLEE
287 F.2d 878
Court of Appeals for the Fifth Circuit (1961)
Positive Treatment
Also reported at: Negotiations for brokerage contract did not ripen into contract where it was agreed that broker would be entitled to commission only if he found a lessee ready, able and willing to lease upon terms prescribed by principal but the terms of lease were never agreed upon.
Cited by 20 cases
Opinion of the Court
PER CURIAM.
The judgment of the trial court is affirmed. The parties submitted motions for summary judgment based on an exchange of letters which the appellant contends constituted a contract engaging him as a broker at 5% commission to find a tenant for appellee’s store property. We think it is clear that the correspondence amounted only to preliminary negotiations that did not ripen into a contract. This follows from the fact that appellant would be entitled to a commission only if he found a lessee who was ready, able and willing to execute a lease upon terms prescribed by appellee. The terms of such a lease were never agreed upon.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hunsucker v. Phinney, 497 F.2d 29 (5th Cir. 1974)
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Condor Merritt v. Commissioner OF Internal Revenue, 301 F.2d 484 (5th Cir. 1962)
-
Brittingham v. United States Commissioner OF Internal Revenue, 451 F.2d 315 (5th Cir. 1971)
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