Fields Realty & Insurance v. Smith

Hall, Presiding Judge.

The briefs of all parties discuss at length the badges of fraud, elements of a conspiracy, election of remedies, etc. We believe the determining factor lies elsewhere. In a similar action, this court said, "it is manifest throughout all of the cases that the gist of an action by a broker to recover commissions is the showing that the plaintiff-broker was the procuring or *345efficient cause of the sale. See annotations Code §4-213 and 12 CJS 207, Brokers, §91. ... In absence of alleging those essentials, there can be no contract breached in the first instance nor a…