Matolicz v. Hess

Opinion by

Linn, J.,

This judgment, entered for want of a sufficient affidavit of defense, cannot be sustained. A real estate broker sued for commissions alleged to have been earned pursuant to a contract to obtain a purchaser ready and willing to purchase real estate of defendant. The affidavit of defense avers that the commission was to be payable only “if a sale was effected” “upon terms satisfactory to” defendant. He admits an averment in the statement to the effect that he executed an agreement of sale to a proposed vendee (procured by plaintiff) for $14,000, of which $2500 was to be paid…