Giles v. Newcomb

MANN, Chief Judge.

Giles sued to recover a commission allegedly earned by finding a buyer for New-comb’s property on agreeable terms. At the close of the plaintiff’s case, the trial judge granted a directed verdict, stating that the uncontroverted evidence was that the seller had removed his property from the market and, therefore, was not obligated to pay a commission to the broker for later finding a ready, willing and able buyer. If this were so, the case would be like Kernjack v. Joe Cotton Realty Corp.1 We do not think that the evidence of removal of the property from the market is…