Feist & Feist v. Bloomfield Bank & Trust Co.

The opinion of the court was delivered by

Porter, J.

This appeal is from a judgment of nonsuit entered by Judge Joseph L. Smith in the Essex County Cir cuit Court. The action is to recover brokerage commission on the sale of a factory property from Bloomfield Bank and Trust Company, the owner, Francis A. Schilling, an officer of the bank and Budde Schiffenhaus to whom the bank, through Schilling, sold the property.

The action is based on two theories. First, it is alleged that a written contract was entered into between the plaintiff and the defendant bank for the payment of brokerage commission…