Bennett v. H. K. Porter Co.

We allowed plaintiffs’ petition for leave to appeal from an order vacating a $14,942.19 jury verdict in their favor and ordering a new trial. At the same time, the court denied defendant’s motion for judgment in its favor notwithstanding the verdict, and defendant seeks such a judgment from this court without remand.

The primary issue is whether plaintiffs, real estate brokers, had been employed by defendant to find a suitable sublessee for defendant and, if so, then secondarily, whether plaintiffs may recover damages equal to the commission they would have received from a sublessee proposed…