Cantor v. Lempert

Opinion by

Porter, P. J.,

This is an action to recover commissions upon the sale of real estate, alleged to have been effected through the agency of the plaintiff. The case was tried by a judge of the court below without the intervention of a jury and resulted in a finding and judgment in favor of the plaintiff for the sum of $635.25, from which we have this appeal by the defendant.

This was an action to recover on an alleged contract for services and it was incumbent upon the plaintiff to aver the terms of the contract and whether it was oral or written. The plaintiff complied with this…