Benoit v. Wing

This is an action of contract brought by the owner of realty to recover from a real estate broker the sum of three hundred dollars paid as a commission on the sale of plaintiff’s property, the prospective purchaser having refused to carry out his contract. The case was tried by the court, findings of fact were made and judgment for the defendant entered. The cause is here on the plaintiff’s exception to the judgment.

The findings show in substance the following: — The defendant was a duly licensed real estate broker; the plaintiff was the owner of a house and lot in Pittsford which he had…