Straus v. Spiegel, Inc.

EVANS, Circuit Judge.

The District Court granted defendant’s motion to dismiss this action to recover for a real estate broker’s commission because the complaint failed to state a cause of action against the defendant.

There were two complaints filed by the plaintiff. The amended complaint pleaded in some detail the facts.1 Defendant argued, and the court agreed, that these facts failed to show any employment of plaintiff by defendant. Our inquiry is, therefore, directed to the specific language of the complaint to determine the very narrow question, — Was plaintiff employed by the defendant ?

We…