Bartsas Realty, Inc. v. Nash

OPINION

By the Court,

Thompson, J.:

The appeal is from an order dismissing the plaintiff’s second amended complaint for failure to state a claim upon which relief may be granted. Though imperfectly drawn, we think that enough is alleged to defeat a Rule 12(b) (5) motion and, therefore, reverse.

The second amended complaint sets forth three separate counts. Each rests upon an underlying oral agreement between the plaintiff, a licensed real estate broker, and the defendants. It is averred that the plaintiff agreed to reduce, by $5,000, its earned commission due from defendants for consummating the…