Minster, Jr. v. Blair, Inc.

Opinion by

Keller, J.,

This is an appeal by the plaintiff from the refusal of the court below to enter judgment for want of a sufficient affidavit of defense in an action of assumpsit.

The action was brought by one real estate broker against another for a share of rental commis'sions alleged to be due him.

The claim is based on an oral agreement, confirmed by letter, as follows:......“Therefore, as set forth in onr recent conversation, we agree to give you one-half the commission, namely, three per cent of the monthly rental, as set forth in the lease, same to be paid to you monthly until…