152 Conn. 710 | Conn. | 1965
The plaintiffs brought this action to recover a real estate commission which they claimed to have earned in the sale of the defendant’s real estate. They now appeal from a judgment rendered for the defendant.
A real estate broker is entitled to a commission when, but only when, he produces a buyer who is ready, willing and able to purchase on the terms prescribed by the seller. Richter v. Drenckhahn, 147 Conn. 496, 500, 163 A.2d 109; Metz v. Hvass Construction Co., 144 Conn. 535, 536, 135 A.2d 363. The burden of proving those facts is on the broker. Lesser v. Altnacraig Convalescent Home, Inc., 144 Conn. 488, 491, 133 A.2d 908.
There is no error.
“The obligation of the Buyers to perform this agreement shall be conditional upon their ability to sell their real estate located at 372 Woodbridge Street, Manchester, Connecticut for a net sales price of Fourteen Thousand ($14,000) Dollars on or before June 15, 1960. In the event that the Buyers shall fail to sell said premises by the time stipulated for the performance of this agreement, then they shall be at full liberty to rescind this agreement and recover their deposit from the Seller; provided, however, that they shall notify the Seller, in writing, on or before the time so stipulated and the Seller, or its nominee, may purchase said premises at the price aforementioned. Failure of the Buyers to give notice to the Seller, or its nominee, shall be a breach of this agreement and the Buyers shall perform this agreement in accordance with the terms set forth herein.”