Fitzpatrick v. Bradshaw

This is an action to recover a real estate broker’s commission alleged to have been earned, and to be dne, under a written agreement involving the exchange of certain real estate. Trial was had before the court without a jury. The court made its findings of fact and conclusions of law, based upon which it subsequently entered its judgment dismissing the action. The plaintiffs have appealed.

On July 19, 1929, the written agreement on which this action is founded was executed. The agreement, in so far as it is material, reads as follows:

“This Agreement in Triplicate made and entered into this…