Berry v. Eastman Et Ux.

Opinion by

James, J.,

This action in assumpsit was brought by a real estate broker for commissions on the sale of property. The trial judge, sitting without a jury, found for the defendants, and from the refusal of a motion for judgment n. o. v., plaintiff has appealed.

There is no dispute as to the principles of law. The right of a broker to a commission is a matter of contract, express or implied, but whether there was such a contract was a question of fact to be determined by the trial judge.

On appeal the findings of fact and conclusions of law of a judge hearing a case without a jury have…