Black Co. v. Baker

Opinion by

Keller, J.,

The plaintiff, an incorporated real estate broker, brought this taction of assumpsit for commissions alleged to be due it by the defendant for securing a purchaser for his real estate. The defendant denied that he had ever employed the plaintiff to sell Ms property. That was the matter in dispute between the parties and was the only question of fact for the consideration of the jury.

We agree with the learned court below that the letters between the parties did not of themselves constitute an employment of the plaintiff by the defendant. The plaintiff did not declare upon…