Campbell v. Swallow

This was an action of assumpsit. The first count of plaintiff’s declaration asserted the right to recover a broker’s agreed commission of 3% on $21,500 for procuring a purchaser of defendant’s real estate. The balance of the declaration consisted of the common counts.

Plaintiff was employed by defendants to sell for $24,000 certain real estate recently bought by them through plaintiff. Plaintiff submitted an offer of $21,500 from a Mrs. Mathews with a $500 binder to be forfeited if she failed to take the property. After some figuring defendants decided to accept this offer with the…