Nisbet v. Linberg

This was an action seeking recovery of commissions claimed by plaintiff broker to have been earned as a result of the sale of real estate by defendant owner. At the close of the evidence the defendant moved for a directed verdict. Upon denial of this motion and after a verdict for the plaintiff, the defendant seasonably filed his motion for judgment notwithstanding the verdict (or alternatively for a new trial), as provided in M. R. C. P. Rule 50 (b). Appeal from a decision adverse to the defendant raises the decisive issue here.

On October 25, 1958 the owner gave to the broker an agreement in…