Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company
This text of 287 F.2d 878 (Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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287 F.2d 878, 1961 U.S. App. LEXIS 5083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milton-j-harris-v-s-h-kress-co-aka-s-h-kress-and-company-ca5-1961.