Dunn v. Shane

HOOD, Chief Judge.

This action was brought by a real estate broker to recover compensation for his services in allegedly obtaining a contract of sale between Mrs. Shane as seller and Mr. Sherwin as buyer. Both Mrs. Shane and Mr. Sherwin were named as defendants and recovery was sought on two theories. One theory was that the broker was entitled to a commission; the other was that he was entitled to one-half of a deposit called for by the contract. The trial court denied recovery because it found there was no valid contract of sale. On this appeal the broker’s entire argument is premised on the…