Dalvis, Inc. v. Coz

This is the defendant’s appeal from a judgment of a Superior Court judge, sitting without jury, in an action of contract 1 by the plaintiff for a broker’s commission on the sale of real estate owned by the defendant in Grafton. The case was submitted to the judge on a stipulation of agreed facts and one exhibit, the purchase and sale agreement. In.her memorandum of decision, the judge concluded that the plaintiff was entitled to a commission and judgment entered accordingly. We reverse.

We draw the facts from the stipulation and the purchase and sale agreement. The defendant owned real estate…