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Birdsall v. Saucier

Connecticut Superior Court
1992 WL 37731 (Conn. Super. Ct. Feb. 24, 1992)


Facts

Fernando Saucier (defendant) hired Virginia and Roy Birdsall (plaintiffs) as his real estate broker in the sale of a building he owned. Saucier agreed to pay the plaintiffs 10% of the sale price upon closing, a commission that turned out to be $115,000. As closing neared, however, it became clear that Saucier would not be able to afford the entire 10% up front. Accordingly, the parties agreed that Saucier would pay the Birdsalls $29,500 up front and the remainder in installment payments with interest over the next five years. When paid in full, the Birdsalls would actually receive $10,000 more than under the original agreement. Specifically, the buyers of Saucier’s building executed a promissory note to Saucier at closing, and Saucier and the Birdsalls agreed that Saucier would assign the promissory note to the Birdsalls. The Birdsalls’ outstanding commission debt effectively would be paid by the buyers of Saucier’s building. Payments were made to the Birdsalls under the promissory note for three years, at which time Saucier’s buyers stopped payments. The Birdsalls brought suit against Saucier for recovery of the unpaid commission balance.

Rule of Law

Issue

Holding and Reasoning (Blue, J.)

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