Menton v. Melvin

This is an action of contract to recover a real estate brokerage. There was evidence that the defendant listed his property for sale with plaintiff and agreed to pay a commission of 5 per cent. Thereafter the plaintiff introduced to the defendant, Mr. and Mrs. O’Clair, who decided to buy the property for $10,500 and executed a written agreement, paying a deposit of $100. The defendant signed the agreement July 21, 1950, after the execution by the O’Clairs, the conveyance to be on or before August 31, 1950.

Subsequent to the signing of the agreement the plaintiff told the defendant he could…