Caswell v. Coy

In this action of assumpsit a verdict in favor of plaintiffs, who had employed defendant as a broker to sell real estate, was directed for $3,087.50. The broker sold the property for $32,500, was paid $2,500 by the purchaser on account and claimed the right to retain this amount as commission. The basis of the court’s action was infidelity on the broker’s part and resulting therefrom denial of the broker’s right to retain any commission. Defendant is before us on exceptions to the direction of the verdict and to certain rulings on evidence.

The duty of a broker to his client is “to secure as…