Sawyer v. Hime

CARROLL, CHAS., Chief Judge.

Appellee Charles Hime, a real estate broker, filed an action in the circuit court to recover a commission.

The cause was heard on plaintiff’s motion for summary judgment, on the pleadings and certain affidavits and a discovery deposition of defendant. The court entered a summary judgment for the plaintiff for his commission, which, with adjudicated interest and costs, amounted to $15,417. The defendant appealed.

Appellant contended there was disclosed before the trial court a genuine issue as to whether the plaintiff was the procuring broker. On inspecting the record…