Frank Meline Co. v. Kleinberger

PARKER, J., pro tem.

This is an appeal by defendant from a judgment in favor of the plaintiff in an action to recover real estate broker’s commission.

The case has a history, which, for uses hereinafter, may be here related. The action was commenced in 1922. After issue joined a trial date was set and upon that date the taking of testimony began. At the conclusion of plaintiff’s case, the court granted defendant’s motion for a non-suit and judgment was entered accordingly. From this judgment an appeal was taken and the appellate court held the trial court to have been in error in granting the…