Tarbell v. Bomes

This was an action of assumpsit to recover plaintiff’s commission as a broker. After a jury’s verdict for defendant, plaintiff brings the case here on exceptions to the action of the trial court in refusing to direct a verdict for plaintiff or to grant plaintiff’s motion for a new trial.

Plaintiff’s present contention is that on the evidence most favorable to defendant, plaintiff is entitled to a directed verdict.

Defendant employed plaintiff to sell certain real estate for 3% commission, payable “upon delivery of the deed and payment of the consideration”. Plaintiff procured a customer, one…