Richard Tucker Associates, Inc. v. Smith

The plaintiff appeals from an order of the Appellate Division reversing a judgment entered in his favor in the Pittsfield Division of the District Court. The plaintiff sued to recover $10,250 for the breach of an alleged oral contract for a real estate broker’s commission. The defendants asserted as an affirmative defense that the alleged oral contract falls under the Statute of Frauds, G. L. c. 259, § 1 (1984 ed.), because the agreement could not be performed within one year of its making. The trial judge found for the plaintiff and the defendants claimed a report to the Appellate Division,…