Marlin v. Williams

I concur with the majority that the trial judge should have recused himself, but I would not return the matter for a new trial. I am of the opinion that a directed verdict should have been entered because as a matter of law the broker was not entitled to a commission.

The total facts are amorphous and complex, but only a few need be recited to support my conclusion.

In essence, the seller advised the broker that the land was for sale and agreed to pay a commission if the broker procured a buyer. Thereafter the broker contacted a prospective purchaser who did not himself purchase, but instead…