Wisnieski v. Coufal

This is an action by plaintiff, a real estate broker, to recover from the defendants, owners of a farm, a broker’s commission under the terms of a listing contract. At the close of the plaintiff’s case, the motion of the defendants for a directed verdict was granted. We reverse the judgment and remand the cause for further proceedings consistent with this opinion.

We examine the evidence in the light of the following principle: A motion for a directed verdict must for the purpose of decision thereon be treated as an admission of the truth of all material and relevant evidence submitted on…