Roy v. Huard

In this case both plaintiff and defendant appeal from a judgment, the plaintiff on the ground that damages fixed by the jury were inadequate, and the defendant because as he avers he has incurred no liability to plaintiff. The essential facts are not in dispute and may be briefly stated.

Plaintiff, a real estate broker, was authorized in writing by the defendant to undertake the sale of the latter’s home for an agreed commission of five per cent of the sale price “whether or not the sale price is the original asking price.” The asking price ag-reed upon was $14,700. The agreement executed by…