Benzel v. Kilfoy

In the trial of this action the plaintiff, L. W. Kilfoy, sought to recover a broker’s commission for the sale of real estate. There was no issue of fact or controversy as to the fact that defendant, Benzel, owned the real estate; that he listed it with plaintiff for sale, and that a sale was made to one Hoffman for $27,000. The plaintiff was entitled to a commission of 5 per cent, or $1,350, the sum sued for, if he was the procuring cause of the sale to Hoffman.

There was an issue of fact and a controversy as to whether the plaintiff, Kilfoy, was the procuring cause of the sale, or, to be more…