Ludington v. Shelley

Smith, P. J.,

This is a motion to take off a compulsory nonsuit. The action is assumpsit. Therein plaintiff, Dwight M. Ludington, seeks to recover from defendant, Guy E. Shelley, $13,303.40. This sum, plaintiff claims, is the balance of a five percent commission which defendant, pursuant to the terms of an alleged oral contract, agreed to pay him for procuring a certain housing subsidy and mortgage loan.

The nonsuit was entered on defendant’s motion at the conclusion of plaintiff’s case in chief solely on the ground that plaintiff, under his testimony, was precluded by the Real Estate Brokers…