Bruner v. Van's Markets

WOOD (Parker), J.—

Action to recover broker’s commission for services rendered in connection with a sale of real property. Defendant appeals from judgment in favor of plaintiff for $5,280.

Appellant (defendant) contends that plaintiff is not entitled to any commission since there was no writing signed by defendant unequivocally showing the employment of plaintiff as required by the statute of frauds.

In January, 1946, defendant, Van’s Markets, contemplated the construction of a warehouse, the estimated cost of which at that time was $350,000. On January 31,1946, the plaintiff, who was…