Foss v. Berlin

This is an appeal from a judgment of the Court of Common Pleas, Franklin County, Ohio.

Defendant, a builder and a real estate developer entered into a written contract with plaintiff, a licensed real estate broker, for payment of an $80,000 commission for the sale of Concourse Apartments. Defendant paid the initial $20,000 installment after the closing, but refused to pay the remaining $60,000 plus interest, despite the fact that plaintiff performed his part of the contract.

Whereupon, plaintiff sued defendant for breach of contract. The case was tried to the court. The defendant requested…