Richard Tucker Associates, Inc. v. Smith

This is an action for breach of an alleged oral contract in which the appellee (plaintiff below) seeks to recover $10,250 which assertedly represents a commission due for the rendering of certain real estate brokerage services. The appellants (defendants below) responded to the complaint by asserting an affirmative defense alleging that the putative oral agreement, if such there existed, fell within the ambit of the Massachusetts Statute of Frauds. See G.L. c. 259, §1. Consequently, according to the appellants, any “agreement” is therefore unenforceable.

The trial judge rejected this…