Edward Swartz, Inc. v. Saunders

Exceptions overruled. The judge rightly declined to direct a verdict for the defendants in this action for a broker’s commission, which, on the evidence, could have been found due notwithstanding no sale was made. McKallagat v. LaCognata, 335 Mass. 376, 378, and cases cited. The testimony of the plaintiff's treasurer that he was “to ‘get’ (meaning ‘paid’ as opposed to ‘earned’)” the commission “when papers passed” and that he could not answer “yes” or “no” as to whether he was “entitled to a commission in any sale until such papers were passed” went only to the weight of his other testimony…