Lavitt v. Aberle

The defendant has appealed from a judgment awarding the plaintiff, a real estate broker, a commission of $5000 upon a complaint alleg*724ing an express contract to pay a commission of $7500. His principal contention is that the trial court erred because the plaintiff at no time claimed or admitted, in evidence, argument or brief, that any amount was due bim other than $7500, and there was no evidence of the reasonable value of the plaintiff’s services upon which a judgment for a lesser amount could be based. The defendant also contends that the evidence did not warrant a conclusion that the…