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MURRAY REALTY CO. v. GLENMONT LAND & DEV. CORP.

December 16, 1959

MURRAY REALTY COMPANY, a District of Columbia corporation, and Thomas N. White, Plaintiffs
v.
GLENMONT LAND & DEVELOPMENT CORPORATION, a Maryland corporation, Layhill Road Corporation, a Maryland corporation, Benjamin J. Mills and Irvin Siegel, Defendants



The opinion of the court was delivered by: YOUNGDAHL

Plaintiffs have sued for a 10% real estate brokerage commission on the sale of Maryland land and for a 5% commission on rentals received from a lease on the property.

Glenmont Land & Development Corporation (hereinafter called Glenmont) owned about 111 acres which were to be developed for residential and commercial purposes. Defendants Mills and Layhill Corporation had an option on a certain portion of the property to be used for commercial purposes. The option expired and the $ 14,750 paid for the option was forfeited. However, Mills had a 'gentleman's agreement' with Glenmont that he would have first refusal on the property. In 1957, some discussion was had between plaintiff White and defendant Mills with reference to the possibility of White's securing a purchaser for the property. White was informed the property was for sale for approximately one million dollars and White then made some effort to secure a purchaser. White was acting on his behalf and that of a Murray Realty Company in Philadelphia.

 Part of the property was subsequently sold to one Irvin Siegel and the Court finds that neither of the plaintiffs was the procuring cause of the sale and, therefore, that neither is entitled to a commission in connection with said sale.

 The Court concludes, therefore, that judgment should enter for the defendants and has filed its order herewith.

 This memorandum may be considered as findings of fact and conclusions of law.

19591216

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