D. & W. Rottschafer Real Estate v. Morris

Defendant owned some vacant lots which he desired to exchange for income-producing property. Plaintiff, a real estate broker, had a two-family flat listed with it by one Wilcox. Defendant in writing offered to turn in his lots at $5,000 and assume a mortgage for $6,000 on the flat, taking it at $11,000, possession to be given November 15, 1927. Wilcox and his wife accepted the proposition in a writing which deferred giving possession until December 1st. Plaintiff acted as a middleman, and both parties agreed in the writing to pay it a commission. The testimony of the parties is in direct…