Tamposi Associates v. Star Market Co. Inc‪.‬

This is an action in which the plaintiff, a real estate agency, seeks to recover from the defendant a commission earned pursuant to a contract the plaintiff made with another party. After a hearing the Trial Court, Bean, J., granted the defendant's motion to dismiss for failure to state a claim upon which relief could be granted. The plaintiff excepted to the court's ruling and filed a motion to set aside the decree. The motion was denied, the plaintiff again excepted, and a reserved case was prepared and transferred. We sustain the trial court's ruling. In 1971, Tap Realty, Inc., hereinafter TAP, obtained a ""ground lease "" of property in Nashua on which it intended to develop a shopping center. TAP hired the plaintiff, Tamposi Associates, Inc., hereinafter Tamposi, to locate tenants for the shopping center. TAP agreed to pay Tamposi a commission for each tenant produced. Tamposi located two tenants, Wilko of Nashua, Inc., hereinafter Wilko, and Cathay Plaza, Inc., hereinafter Cathay, who executed written leases. Tamposi earned its commissions when it produced the signed leases. TAP, however, did not pay the plaintiff.