Tutko v. Banks

The appellant, who was defendant in the trial court, appeals a final judgment in a non jury trial. The appellee is a real estate broker and the judgment was for a commission claimed against the prospective purchaser of a parcel of real estate. The sale was not completed.

There is no dispute as to the following: (1) The plaintiff, appellee, was qualified (2) He performed the services claimed (3) The transaction was not closed because the purchaser, appellant, defaulted in his written agreement to purchase. The basis of the claimed liability of this appellant, purchaser, is the following…