Rutherford v. Berick

The first amended complaint alleged two causes of action: first, the breach of an oral contract by which plaintiff was employed to find a purchaser ready, able and willing to purchase a business known as “Brothers Tavern,” and secondly, an alleged promise of both the seller and buyer defendants to pay plaintiff a broker’s commission. The court granted a nonsuit on the second cause of action, and a judgment in favor of plaintiff and against the seller, defendant Berick • (hereinafter referred to as defendant), for a commission on the sale of the tavern.

Two points are raised on this appeal: (1)…