Kennery v. Mosteller

Clark, Judge.

In this appeal from a judgment against a real estate broker who had sued a buyer and seller we are called upon to determine both a procedural problem and factual questions.

Plaintiff broker brought his suit in several counts. Two of these alleged breach of contract and quantum meruit. The remaining counts sought actual and punitive damages on the basis of an alleged conspiracy to deprive plaintiff of his commission.

The case was tried by the court without a jury. At the close of plaintiffs evidence, defendant sellers moved for a directed verdict and defendant buyer moved for a…