Lambros v. Coolahan

Markell, J., delivered the opinion of the Court. In March, 1944, Lambros (appellant in No. 48, appellee in No. 49, defendant in both) conducted a restaurant and liquor business at the corner of Liberty Heights and Garrison Avenues. He advertised the business for sale. Coolahan (plaintiff and appellee in No. 48) is a lawyer and real estate broker.

Crane (Crane & Crane, plaintiffs and appellants in No. 49) is a real estate broker. ⁴⁶⁵ Coolahan had lived in the neighborhood, had been a customer of the store, knew Lambros by sight, but had had no real estate transactions with him. Crane had known Lambros for years, had done business with him and had just sold him a drug store on St. Paul Street. The first week in April, Lambros authorized Coolahan, on a non-exclusive basis, to sell the business for $25,000 plus inventory (said to be $20,000). Lambros says the commission was to be 5 per cent, on the $25,000 with no commission on inventory.

Coolahan say he was to receive the regular Real Estate Board commissions (10 per cent, on the first $5,000, 5 per cent, on the excess) on both business and stock, but later agreed upon two-thirds of the full rate on stock. About the same time Lambros authorized Crane, on a non-exclusive basis, to sell the business for $25,000 plus inventory, for a commission of 5 per cent, on the business only. Coolahan advertised the business in Baltimore and Washington papers, received twenty or twenty-five answers, and took about fifteen “prospects” to Lambros. On April 10th he received a letter from Dr. Charles Flom, of East Baltimore.

On April 12th he went to see Flom at his office on Eastern Avenue. Flom told Coolahan he could not have his name enter into the transaction, that it would not look right for a doctor to be taking part in business, but that he and a relative and a group of people were interested definitely in purchasing it. On April 19th Coolahan again went to see Flom. Flom then said he had talked the matter over with a relative and a group of persons interested, but that due to war conditions he would not be interested -nor would they.

Coolahan says he told Lambros about Flom and what Flom had said. Lambros says Coolahan never gave him Flom’s name. About the middle of April, Crane sent Samuel Flom (a cousin of Dr. Flom) to Lambros. On May 15th Lambros and Samuel Flom signed a contract of sale, which was consummated on June 1st.

The fixtures were sold for $19,500, the inventory, good will and licenses, including the lease, for $12,000. ⁴⁶⁶ On May 16th Coolahan went into the store to get a sandwich. He saw Lambros, Dr. Flom, a man named Strickos, and a man later identified as Samuel Flom, at the cash register. Dr. Flom, after whispering something to Samuel, ran out the side door. Coolahan said to Lam-bros, “I told you Dr. Flom and the people he was representing were prospects of mine.” Coolahan says Lam-bros replied, “Sure enough, but you didn’t bring him.” A few days later Lambros told Coolahan he had taken back a couple of thousand dollars worth of novelties, and gotten a little better than $45,000.

After May 16th Coolahan saw Dr. Flom quite frequently at the store. Dr. Flom says he did not tell Samuel about the business being for sale; he learned through his broker that Samuel had purchased the business. At the time of the purchase, the Floms testify, Dr. Flom and Strickos had no interest in it; about thirty days later they both contributed some money, but the proposed agreement with them was never consummated, and they got their money back. Dr. Flom says the relative he had in mind when he talked with Coolahan was his brother-in-law, named Shapiro.

Coolahan and Crane each claimed commissions, Coolahan $2,166.67 on $45,000, Crane $975 on $19,500. Each sued Lambros. Both cases were tried together before the same jury. In No. 48, the verdict was for Coolahan for $1,625, full commissions on $19,500 and two-thirds commissions on $12,000.

In No. 49 the verdict