Wells v. Thorn

BERANEK, Judge.

Defendant appeals a final judgment entered November 3, 1976. The plaintiff cross-appeals. The parties will be referred to as they appeared in the trial court.

This is a breach of contract case. The parties were real estate brokers who cooperated in the sale of a tract of land. Defendant had the last dealings with the buyer and received a $15,000.00 commission. Plaintiff sued for a portion of the $15,-000.00 alleging a stated oral contract to split the commission on a 50/50 basis. Defendant denied the existence of the contract and the case was tried non-jury. We reverse.

At trial…