Prager v. Winn

Opinion bt

Ross, J.,

This is an action of assumpsit brought by Benjamin' Prager, Jr., a real estate broker, to recover a commission alleged to be due to him under the terms of a contract with the defendants. The cause was tried in the Municipal Court of Philadelphia before a judge sitting without a jury. The court found for the plaintiff and entered judgment against defendants in the sum of $1,021.37, their motions for judgment n.o.v. and for a new trial were dismissed and this appeal followed.

On May 23, 1949, the defendants (husband and wife) “orally employed” the plaintiff to secure a…