(Download) "Glaser v. Shostack" by October Term, 1956 Court of Appeals of Maryland No. 200 * eBook PDF Kindle ePub Free
eBook details
- Title: Glaser v. Shostack
- Author : October Term, 1956 Court of Appeals of Maryland No. 200
- Release Date : January 13, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Milton and Doris Glaser operated a tavern in a building in Baltimore owned by Doris and her brothers. They desired to sell the tavern business and ran a blind advertisement in the Sunday paper of August 29, 1954. One Mannes worked as a salesman for Harry Shostack, a licensed real estate broker who traded as Ash Realty Co. Mannes answered the advertisement by letter and thereafter was in personal contact with Milton Glaser. They made an oral agreement that Mannes was to attempt to sell the tavern business and, if successful, was to be paid an agreed percentage of the purchase price, which was to be $13,000 or more. Although Mannes had sold real estate for several years, he had not taken out a salesman's license, as then required by Code, 1951, Art. 56, Sec. 224. On August 20, 1954, he made application to the Maryland Real Estate Commission and procured the required bond from a surety company. On August 30, the Commission granted him a real estate salesman's license. Mannes' employer, Shostack, met Glaser several days after Mannes had talked to him and discussed various aspects of the proposed sale. Mannes procured one Sandler, a whiskey salesman, who was anxious to buy a tavern. Sandler inspected the tavern, went over the books, had his auditor talk to Glaser's auditor, checked the number of patrons on several occasions, and offered $12,500 for the goodwill, fixtures and equipment of the tavern. The stock of liquor on hand was to be paid for in addition. This offer was refused. Sometimes later, Sandler agreed to pay $13,250 for the tavern business ""lock, stock and barrel"", including the liquor on hand. In Shostack's office were three telephones. Mannes used one to call the Glasers to inform them of the offer while Shostack and Sandler listened on extension telephones. Mrs. Glaser answered the call and was told of the offer and the fact that Sandler was ready to make a $500 deposit. She said her husband was asleep but that she would awaken him and get his answer. Testimony came in without objection that Mrs. Glaser left the telephone, shouted through the house, awakened her husband, and returned, saying that he had agreed that they would accept the offer. On hearing this, Sandler left the $500 deposit check with the Ash Realty Co. The parties were to meet at a lawyer's office several days later to sign a formal contract for the sale of the business and to make arrangements for the lease of the property in which the tavern operated from Doris Glaser and her brothers. Glaser did not keep the appointment at the lawyer's office and refused to consummate the sale. He claimed that he had never accepted Sandler's offer and that the night before the telephone call he had sold the tavern to another purchaser for $12,500, free of commission. Later, in fact, the tavern was transferred to the person named by him. Mannes died some months after the occurrences which have been recited and Shostack filed suit for the agreed commission. The trial court, sitting without a jury, found that the commission had been earned when the Glasers agreed to sell the tavern business for $13,250, and entered judgment for Shostack. He rejected Glaser's contention that the true agreement was that Mannes would be entitled to commission only if the property was actually sold to the purchaser produced by Mannes at a price that would net the Glasers $13,000. He did not specifically pass on, but must have rejected, the defense that there could be no recovery in any event, whatever the agreement, because Mannes was unlicensed and so, under Code, 1951, Art. 56, Sec. 235, the contract was void. That section provides that there can be no suit or recovery by one not licensed ""* * * prior to the time of offering to perform any such act or service or procuring any promise or contract for the payment of compensation for any such contemplated act or service.""
 "Glaser v. Shostack" by October Term, 1956 Court of Appeals of Maryland No. 200 * eBook PDF Kindle ePub Free){kind=link}