Simon v. H. K. Porter Co.

Opinion by

Mr. Justice Cohen,

Plaintiff-appellee, Simon, a real estate broker, brought suit in assumpsit, claiming a broker’s commis*361sion by virtue of an oral agreement with appellant that he secure a purchaser for a certain property owned by appellant. At trial, the jury returned a verdict for appellee. Appellant, thereupon, filed motions for a judgment n.o.v. and for a new trial, both of which were denied by the court en banc, and judgment entered. Appellant appeals.

Viewing, as we must, the evidence and inferences in the light most favorable to the verdict winner in our consideration of the…