Braun v. Noel

The appellant’s amended complaint alleged employment as a real estate broker '“to exert his best efforts to procure a pur■chaser” and that the appellees, defendants, .agreed to pay a reasonable sum for his services. The amended complaint also alleged that the appellant “duly performed all ■of the services on his part to be performed, .and made and rendered to Defendants an accurate statement * * * showing the commission earned by plaintiff in the sum of $5,250.00, which statement was received by Defendants and retained by them with.out objection * *

Upon motion by the defendants, the trial…