Dalo v. Bastress

McKay, J.,

Defendant has filed a petition to open a judgment entered by plaintiff against her by virtue of a power of attorney contained in a real estate dealer’s listing agreement. The judgment represents a commission claimed by plaintiff for the sale of a *654lot for defendant in the City of Sharon. The answer alleges that the commission is not due because the sale failed of completion. At a hearing, ■ which was held November 28, 1960, the following facts were established.1

Prior to 1937, D. G. Bastress sold to William E. Caulfield and Virginia Caulfield, his wife, a lot in the City of Sharon,…