Sam Blanken & Co. v. Tinos, Inc.

HOOD, Chief Judge.

This action was brought by appellant-broker to recover a commission on the sale of Tino’s Villa, a restaurant business. The trial court found for appellee, the vendor of the business.

It is well settled that a broker cannot recover a commission under an ordinary brokerage agreement unless he was the procuring cause of the sale. O’Brien v. Morgan, D.C.Mun.App., 104 A.2d 411 (1954). And the question of whether a broker is the procuring cause of a sale is usually one of fact. Webster v. Perper, D.C.Mun.App., 83 A.2d 433 (1951). This was the issue of fact presented to the trial…