Spaulding v. Cahill

Following trial by court, defendants appeal a judgment grounded on a compromise settlement of a disputed real estate broker’s commission. We affirm.

Plaintiff brought suit for a $10,720 commission on the sale of defendants’ property, claiming that, although the sale was eventually completed by another broker, the customer had originally been contacted by her. The court denied recovery on the claim, holding that plaintiff failed to establish that she had been the procuring cause of the sale. However, although not raised by the initial pleadings, the evidence at trial indicated that, prior to…