Wine v. Lovett

This is an action in assumpsit for a broker’s commission. The trial in the superior court resulted in a verdict for the plaintiff for $750, and thereafter the defendant’s motion for a new trial was heard and denied. The case is before us on defendant’s exceptions to certain rulings on evidence and to the denial of the motion for a new trial.

The controlling issue in this case is one of fact and not of law. Both parties agree that a broker for the sale of real estate is not entitled to a commission unless he procures a customer ready, able and willing to buy on terms satisfactory to the seller.…