Fyan v. McNutt

This case involves plaintiff’s right to a commission of 5 per cent, on the amount paid defendant by the county of Wayne in satisfaction of a condemnation award. The circuit judge concluded that, although plaintiff, a real estate broker, was instrumental in bringing about the appropriation of defendant’s land by Wayne county, the agreement upon which the suit was based was obtained under such circumstances that the proofs revealed actionable fraud. Accordingly, a judgment of no cause of action was entered.

Defendant was the owner of a 50-acre tract, one of 16 parcels included in a 631-acre site…