Nixon v. Harris

This action was brought to recover a real estate broker’s commission. In her complaint, plaintiff alleged that she had fully performed services as a broker to defendant and that defendant had wrongfully failed to pay the commission agreed upon by the parties. Defendant denied liability and brought a counterclaim against plaintiff alleging that plaintiff had, in acting as real estate broker in the sale of defendant’s residence, committed fraud, deceit and misrepresentation. On the date the case was called for trial, neither defendant nor her attorney appeared. A jury was impaneled and rendered…