U.S. Court of Appeals for the Fifth Circuit, 1961

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
U.S. Court of Appeals for the Fifth Circuit · Decided March 16, 1961 · Tuttle, Rives, Jones
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

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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