Meltzer v. Flying Fame, Inc.

The plaintiff’s recovery of a verdict for real estate broker’s commissions is predicated upon his claim of an implied contract of employment by the defendant and its promise to pay for his services. This claim has no support in the evidence. His letter to the defendant in which he sought to ascertain whether its property was in the market, stated: “ I may mention that I do not seek this information for listing purposes, but upon the earnest solicitation of one of my clients.”

In testifying, plaintiff admitted that when this letter was written he had no client, and that it was a so-called form…