Setser v. Commonwealth, Inc.

Plaintiff brings this action to recover a broker’s commission alleged to have been earned as a result of producing a purchaser for the sale of property owned by defendant. The jury returned a verdict in favor of plaintiff. Upon defendant’s motion, the trial court entered a judgment for defendant notwithstanding the verdict. Plaintiff appeals.

Martin Manor, Inc., owned Cedar Hills Manor, a 100-unit apartment house. The property was subject to a mortgage for $580,000 held by New York- Life Insurance Company. Commonwealth, Inc., the defendant, owned all of the common stock of Martin Manor, Inc.

In…