Marta v. Nepa

HERRMANN, Chief Justice:

In this action for a real estate broker’s commission, the defendants appeal from the Superior Court’s judgment that a commission is owed to the plaintiff; the plaintiff cross-appeals from the Court’s judgment as to the nature of the damages.

I

In 1969, the defendant, Albert Marta, in trying to locate tenants for a shopping center that he and his wife were constructing, discussed with the plaintiff’s testator, Leonard A. Nepa, the difficulty of finding a large department store as a tenant. Whether Marta authorized or agreed to pay Nepa to find such tenant was…