Ellingsen v. Bennett

This is an appeal from an order striking plaintiff’s amended complaint and dismissing the complaint with prejudice.

The original complaint alleged that defendant husband listed a tavern for sale with the plaintiff, a real-estate broker, and that thereafter, plaintiff, in pursuance of his employment “procured a purchaser ready, willing and able to purchase said premises for the sum of $32,000”; and that defendant agreed to pay plaintiff the sum of $3,000 as a commission. The. complaint further alleged that defendant *149and the buyer executed an earnest money receipt, a copy of which was attached…