U.S. Court of Appeals for the D.C. Circuit, 1956

Edward J. Farrell v. James P. Donovan

Edward J. Farrell v. James P. Donovan
U.S. Court of Appeals for the D.C. Circuit · Decided October 25, 1956 · Edgerton, Bazelon, Bastian
238 F.2d 38; 99 U.S. App. D.C. 177 (Federal Reporter, Second Series)

Counsel

Mr. Mark P. Friedlander, Washington, D. C., for appellant., Mr. Guy M. Bayes, Washington, D. C., wds 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.

Edward J. Farrell v. James P. Donovan

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Opinion

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.

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