McCarthy v. McCarthy

This is an action in assumpsit brought in a district court by a broker to recover a commission for the sale of real estate. Decision was rendered for the plaintiff for $165 and the case was certified to the Superior Court on defendants’ claim of a jury trial. In the Superior Court the trial justice directed a verdict for the defendants and the case is before us on the plaintiff’s exception to such direction.

The defendants, who are husband and wife, employed ■the plaintiff to sell a parcel of real estate owned by them .and gave plaintiff an exclusive agency for the period of three months…