Acheson v. Smith's, Inc.

DaytoN, Circuit Judge.

This is an action at law to recover a broker’s commission for the sale of realty. The Court below directed a verdict for the defendant, holding that a provision in a sales contract providing for' liquidated damages in the event of a breach by the vendee of the terms thereof, constituted such contract a mere option, thereby precluding recovery of commission by a broker, with whom the property had been listed for sale at a certain price upon terms satisfactory to the vendor, and who furnished the contracting vendee. This ruling of the Trial Court is assigned as error.

The…