Zifcak v. Monroe

This is a suit by a real estate broker for a commission allegedly due him from the defendants. A jury waived trial in this case was held before a justice of the superior court. At the conclusion of the presentation of the plaintiff’s evidence, the defendants without either resting or waiving their right to present evidence moved for a dismissal of the complaint and that a judgment on the merits be entered in their favor. The motion was granted and the plaintiff is before us on his appeal from the judgment which was thereupon entered for the defendants.

Jesse H. and Donald T. Munroe, the…