Massie v. Firmstone

Kelly, P.,

delivered the opinion of the court.

This is a proceeding by notice of motion for judgment instituted by E. R. Massie against H. Firmstone, to recover compensation alleged to be due to Massie for procuring a purchaser for certain real estate owned by Firmstone. There was a verdict and' judgment below in favor of the defendant, and the plaintiff assigns error.

There is some apparent conflict in the oral testimony, but upon a careful analysis, and in view of the correspondence between the parties, the facts material to the merits of the case are not open to serious controversy. The…