Kaplan v. Henry Wenz, Inc.

This is an action by a real estate broker for a commission on the sale of certain property, owned by the defendant, to Joseph Mandell and Louis Bornstein for $57,000 on August 1, 1951, pursuant to a buy and sell agreement dated July 11, 1951. It was tried to a jury who returned a verdict for the plaintiff. It comes here upon the defendant’s exceptions to the denial of its motion for a directed verdict and to the denial of its motion to enter a verdict for the defendant under leave reserved. There was no error.

Both exceptions raise the same question of law. The test is whether the evidence…