Tamposi Associates, Inc. v. Star Market Co.

This is an action in which the plaintiff, a real estate agency, seeks to recover from the defendant a commission earned pursuant to a contract the plaintiff made with another party. After a hearing the Trial Court, Beam., J., granted the defendant’s motion to dismiss for failure to state a claim upon which relief could be granted. The plaintiff excepted to the court’s ruling and filed a motion to set aside the decree. The motion was denied, the plaintiff again excepted, and a reserved case was prepared and transferred. We sustain the trial court’s ruling.

In 1971, Tap Realty, Inc., hereinafter…