Mitchell v. Mercer

KANNER, Chief Judge.

■ The trial judge granted motion of appel-lees to dismiss the second amended complaint through which appellant sought to recover a real estate broker’s commission. As a result of the court’s ruling, final judgment was entered in favor of appellees from which this appeal is instituted.

From the second amended complaint it appears that on June 22, 1954, appellant and his wife entered into a written agreement for deed with appellees to sell to them certain real property for $12,000 with monthly payments of $75 including six per cent *20interest; that payments had been made…