McEvoy v. Ginsberg

Reabdob", J.

This is an action of contract to recover a broker’s commission. The jury found for the plaintiff. The case is here upon the defendant Benjamin Ginsberg’s exceptions to the denial of Ms motions for a directed verdict and for entry of verdict under leave reserved. Both exceptions raise the issue of whether the case was properly submitted to the jury. Barton v. New York, N. H. & H. R.R. 332 Mass. 345, 346. The evidence is to be considered in its aspects most favorable to the plaintiff. Holton v. Shepard, 291 Mass. 513, 515. Kaplan v. Henry Wenz, Inc. 331 Mass. 480, 481.

The pertinent…