Tapscott v. McVey

The opinion of the court was delivered by

Swayze, J.

The plaintiffs sned in the District Court for commissions on a sale of real estate. An. agreement in writing under seal was made between the vendor and vendee which contained this language:

“And it is further agreed by the parties hereto that the said deed shall be delivered and received at the office of Tapscott Brothers, who are hereby recognized by the party of the first *36part [the defendant] as the brokers in the transaction and entitled to two and a half percentage on the amount the property is sold for.”

The agreement purports to be made…