BRADLEY REALTY INVESTMENT COMPANY v. Shwartz

Opinion by

Mr. Justice Moore.

We will refer to plaintiff in error as Bradley or plain tiff, and to defendant in error as Shwartz or defendant.

Bradley filed his complaint in three counts seeking recovery of a commission of $3,750.00 alleged to have been earned by him for procuring a buyer for real'estate (first count); and recovery of a commission of $4,725.00 alleged to have been earned by him for procuring a tenant for real estate (second and third counts in the alternative).

At the close of plaintiff’s evidence, the trial court granted defendant’s motion for dismissal, discharged the jury,…