Prosak v. Motts

Davis, P. J.,

This matter is before the court on preliminary objections to complaint in assumpsit by a real estate broker to recover commission for sale of real estate to a party not procured by the broker, during the time a written agreement hereinafter set forth was in effect. The complaint does not aver the buyer was not procured by plaintiff, but plaintiff in his brief says: “We admit the buyers were not interested by the plaintiff.”

The first objection is based on plaintiff’s failure to register the carrying on of a business under a fictitious name in accordance with the Act of May 24,…