Drake v. Conkling

The trial in the Superior Court (Dickson, J.) of this action to collect a real estate broker’s commission resulted in a plaintiff’s verdict. The jury’s award represented the commission attributable to the uncompleted sale of the defendant’s land, as well as commissions attributable to uncompleted sales of adjacent tracts, which the jury evidently found would have been sold had it not been for the defendant’s wrongful refusal to complete the sale of his own property. On appeal, the defendant asks us to reexamine the New Hampshire rule governing contractual liability to pay real estate sales…