Famigletti v. Neviackas

This is an action of contract or tort, brought by an owner of real estate, hereinafter called the owner, against a real estate broker, hereinafter called the broker, to recover $300.00 which had been deposited with the broker in the course of an attempted sale of real estate which was never completed.

The broker filed a general denial of the owner’s claim and also a declaration in set-off in which he demanded a commission of $423.00 for securing a purchaser of the owner’s real estate.

The following is a summary of the relevant evidence: On April 10,1947 the owner asked the broker what…