Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company

Fifth Circuit

Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company

287 F.2d 878, 1961 U.S. App. LEXIS 5083

Court of Appeals for the Fifth Circuit·Decided March 16, 1961·No. 18497·Published·Cited by 1 cases

Opinion

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.

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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.

Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company, 287 F.2d 878, 1961 U.S. App. LEXIS 5083 (5th Cir. 1961).

Pincite

287 F.2d 878 (Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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