MacGregor v. Labute

The primary issue on this appeal is whether the Statute of Frauds bars an action by a real estate broker against the owner of real estate for damages for the breach of an oral contract which provides that the buyer, rather than the defendant seller, is to pay the broker’s commission. The promise which the defendant allegedly failed to honor was that he would consummate the transaction if the broker should produce a buyer meeting the defendant’s terms. We hold that the statute is not a bar.

A judge of the Superior Court entered summary judgment for the defendant. Drawing the inferences from the…