Axilbund v. McAllister

Opinion by

Mr. Justice Benjamin R. Jones,

This appeal challenges the propriety of the entry by the court below of a judgment n.o.v. in an assumpsit action instituted for the recovery of a real estate broker’s commission.

Lanard & Axilbund (Axilbund) is a partnership engaged in the real estate business in Philadelphia. 917 Filbert Street Corporation (Filbert), of which D. Edward McAllister was the president and principal stockholder, was the owner of a building located at 24th and Locust Streets, Philadelphia. On September 24,1957, Filbert sold that building to one Julius Gross for $295,000.

Axilbu…