Evatt v. Willard D. Martin, Inc.

This is an appeal by the plaintiff from an order sustaining the defendant’s demurrer to the declara*415tion. The action, commenced by trustee writ, was to recover a commission paid to the defendant, which acted as a broker in effecting a sale of the plaintiff’s property.

The first count of the declaration alleges in substance the following material facts: At some time prior to February 23, 1934, the plaintiff, being the owner of land in Swampscott, was offering it for sale through one Merrill as broker. Subsequent to the plaintiff’s employment of Merrill, the plaintiff, at the defendant’s request,…