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
Milton J. Harris v. S. H. Kress & Co., A/K/A S. H. Kress and Company, 287 F.2d 878 (5th Cir. 1961)
1961 U.S. App. LEXIS 5083

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.

Reference

Full Case Name
Milton J. HARRIS, Appellant, v. S. H. KRESS & CO., A/K/A S. H. Kress and Company, Appellee
Cited By
1 case
Status
Published