Simon v. Myers

Opinion by

Mr. Justice Simpson,

Defendant appeals from a judgment in favor of plaintiff, a real estate broker, in a suit on the following agreement signed by defendant and given to her: “In connection with the sale of No. 1700 Walnut Street to David B. Bassett I agree to pay you a commission of two and one-half per cent on the total consideration at settlement.” The principal dispute in the case grows out of the refusal of the court below to permit defendant to prove what he asserted the parties had agreed was the meaning of the ambiguous words “at settlement,” which were not in the paper as…