Opinion · Court of Appeals for the D.C. Circuit

Edward J. Farrell v. James P. Donovan

Edward J. Farrell v. James P. Donovan, 238 F.2d 38 (Court of Appeals for the D.C. Circuit 1956)

Type
Opinion
Court
Court of Appeals for the D.C. Circuit
Jurisdiction
Federal
Date
1956-10-25
Topic
general

PER CURIAM. Appellant, broker in a real estate transaction, sued both purchasers and sellers for loss of his commission resulting from their cancellation of the contract. The District Court granted appellees’ motions to dismiss the complaint. This action was correct: as to the sellers, on venue grounds, since they are residents of Maryland and were served with process there; as to the purchasers, for lack of a claim upon which relief could be granted, since a purchaser is not accountable to a broker for commission, absent an understanding to that effect, Giovannoni v. Waple & James, Inc., 1939, 70 App.D.C. 229, 100 F.2d 108.

Citator

UpLaw has not yet analyzed Edward J. Farrell v. James P. Donovan. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion
FARRELL v. DONOVAN,238 F.2d 38(D.C. Cir. 1956)
Edward J. FARRELL, Appellant, v. James P. DONOVAN et al., Appellees.
No. 13220.
United States Court of Appeals, District of Columbia Circuit.
Argued October 16, 1956.
Decided October 25, 1956.
Mr. Mark P. Friedlander, Washington, D.C., for appellant.

Mr. Guy M. Bayes, Washington, D.C., was on the brief for appellees, James P. Donovan and Jessup Park Development Corp.

Mr. Frank L. Warfield, Washington, D.C., was on the brief for appellees, Elizabeth W. Clark Brown and George E. Brown.
Before EDGERTON, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.
PER CURIAM.
Appellant, broker in a real estate transaction, sued both purchasers and sellers for loss of his commission resulting from their cancellation of the contract. The District Court granted appellees' motions to dismiss the complaint. This action was correct: as to the sellers, on venue grounds, since they are residents of Maryland and were served with process there; as to the purchasers, for lack of a claim upon which relief could be granted, since a purchaser is not accountable to a broker for commission, absent an understanding to that effect, Giovannoni v. Waple James, Inc., 1939,70 App.D.C. 229, 100 F.2d 108.

Affirmed.