Douglas v. Matzner

This is an action of assumpsit to recover a broker’s commission. On motion of defendant, at the conclusion of plaintiff’s evidence in a trial by jury, plaintiff was nonsuited. The case is in this court on the exception of plaintiff to the granting of the nonsuit.

The declaration charges that defendant engaged plaintiff, a real estate broker, to sell a lot of land and two houses, which defendant owned, for a fixed price of $30,000 and agreed to pay him a commission of three per cent of the selling price “if he should succeed in finding a purchaser for said property”; that plaintiff did secure a…