Nary v. Heath

Pee Cueiam.

This is an appeal from a judgment entered for the plaintiff for $2,457 by the direction of the judge at the close of the ease, and the defendants appeal.

*772At the trial it appeared that on December 27th, 1926, defendants entered into an agreement in writing to convey, on November 1st, 1927, real property in Ocean Grove to John II. Crohan for $42,000, and in such written agreement agreed as follows:

“And the said parties of the first part hereby agree to pay to the licensed and authorized agent, Thomas Nary, a commission of five per cent, on the purchase price aforesaid."

On the day set…