Thompson v. Alley

This is an action to recover a commission for the sale of real estate. Plaintiff was nonsuited. Judgment for defendant. Plaintiff brings the case here for review, and applies for a supersedeas.

The question presented is whether plaintiff, as broker, suing on a contract to pay a commission for the sale of property, is entitled to recover upon proof that the property was not sold for cash, but upon different terms, as hereinafter appears in this case. The trial court granted defendant’s motion for a nonsuit upon the ground that “there was an exchange of property for property, which is not a…