Real Estate Co. v. Cavazza

Opinion by

Gunther, J.,

This was an action in assumpsit to recover a real estate broker’s commission. It is alleged that the owner listed the property with the broker who procured a buyer, negotiated a sale, received hand money and turned it over to the owner. The owner, however, sold the premises to his tenant and returned the hand money procured from the prospective purchaser. The affidavit of defense denied broker’s right to any commission alleging that the terms of the employment of the .broker specifically provided that no commission would be payable if the property was purchased by the…