A. M. Barr Realty v. Guidice

Appellant a real estate brokerage firm (hereafter called the broker) sued appellees (hereafter called the owners) for a commission claimed to have been earned by finding a purchaser for their residence. The owners denied liability and counterclaimed for one-half of the deposit placed with the broker by the prospective purchaser. At the conclusion of the broker’s case the trial court directed a verdict against the broker on its claim and also directed a verdict for the owners on their counterclaim.

Viewing the broker’s evidence in its most favorable light, as we must, the following facts were…