A. F. Reagan Realty Co. v. McMurtray

This is an action of contract in which the plaintiff seeks to recover a real estate broker’s commission in two counts; Count I on an express contract and Count II in quantum meruit. The answer is a general denial, impossibility of performance, a novation, payment, agreement for sale of land not in writing, and waiver.

To quote the report:

*17“At the trial on June 14, 1972, there was evidence, among other evidence on matters not related to the questions presented in this report, tending to show: That the defendants executed written agreement with plaintiff agreeing to pay plaintiff six per cent of…