Johnson v. Ritter

Opinion by

Pabkeb, J.,

The plaintiff, a real estate agent, brought this action in assumpsit against the defendant to recover commissions alleged to be due plaintiff on a written contract appointing him agent for the sale of a lot owned by defendant. The issue is a narrow one and involves the proper measure of damages. The facts are not in dispute as the pleadings alone were depended upon to establish the facts. The trial court gave binding instructions and a verdict having been rendered for the defendant, plaintiff appealed.

The written agreement gave the plaintiff the exclusive right to sell…