Talanian v. Rogers

This is an action sounding in contract against the defendant who was the owner of property in Boston, Suffolk County. Count 1 of the plaintiff’s substitute declaration in contract alleges in substance that the plaintiff produced a buyer ready, willing and able to purchase said property according to the terms of the purchase and sales agreement, and that the plaintiff is thereby entitled to receive his commission. Count 2 is an account annexed for the same cause of action.

The answer of the defendant consisted of a general denial and affirmative plea consisting of a release under the terms of…