Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company
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
(Federal Reporter, Second Series)
Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.