Tschamler v. Kelley

MEMORANDUM DECISION.

The Defendant appeals from an order of Superior Court, Kennebec County, affirming a judgment of the District Court, Augusta, in an action in which the Plaintiff recovered judgment from him for a brokerage commission on the rental of certain property in Randolph.

The record contains no evidence on the issue of whether the Plaintiff was a duly licensed real estate broker and the Defendant did not raise the issue in his answer or at trial. The Court is evenly divided on the question whether proof of a valid broker’s license is an essential element of the Plaintiff’s case by…