Neviackas v. Simmons

This is an action in contract by which the plaintiff, a real estate broker, seeks to recover a commission for securing a customer for the purchase of the house of the defendant. The declaration is in two counts, the first on an account annexed for the amount of commission claimed, and the second alleges that the defendant employed the plaintiff to find a customer for said property and agreed to pay a commission of 3% per cent, and that the plaintiff did find a customer ready, able and willing to purchase. The defendant answered with a general denial.

The trial court found for the defendant. It…