Wakefield, Fries & Co. v. Sherman, Clay & Co.

This is an action to recover on quantum meruit for services alleged to have been performed by plaintiff as a real estate broker. The cause was tried by the court without a jury and defendant appeals from the judgment. At the close of plaintiff’s testimony, defendant moved for a nonsuit. The motion was denied and the correctness of this ruling is the main question for decision. •

According to plaintiff’s testimony, on February 28, 1929, the defendant, a California corporation, was occupying a building in which it was conducting a store on the corner of Sixth and Morrison streets in the city of…