Kierman Realty Co. of Randolph, Inc. v. Michetti

This is a civil action sounding in contract for the recovery of a commission alleged to be due to the plaintiff real estate broker. Under Count I, recovery is sought in the amount of $4,193.00 pursuant to a written purchase and sale agreement. Count II is in quantum meruit. In answer to Count I, the defendants (sellers) allege that under the written agreement they are not liable for any broker’s commission since the payment of any commission was conditioned upon the passing of title. In answer to Count II, the defendants deny that the plaintiff is entitled to recover in quantum meruit.

The…