Usher v. McGowan

This is an action to recover the balance of the sum defendant promised to pay plaintiff for services rendered in the sale of real property. Judgment on the pleadings was entered in defendant’s favor. Plaintiff has appealed.

The motion for judgment admitted the essential facts: plaintiff assisted defendant in selling real estate; he was promised one third of the commission received by defendant for his services; and defendant was paid the full commission, paid plaintiff a part of the sum due him, but refused to pay the balance.

The court decided that plaintiff was not a licensed broker under a…