Benway v. Cole

The defendant and the purchasers were strangers to each other and the evidence justified a finding that the plaintiff was the effective cause which brought about the resulting sale. If the defendant employed the plaintiff this entitled the plaintiff to a commission (Russo v. Slawsby, 84 N. H. 89) since he had procured a customer willing and able to buy upon terms proposed by the owner. Philbrick v. Chase, 95 N. H. 82, 84. The question of whether the plaintiff was employed was submitted to the jury. The plaintiff was entitled to his commission even though he did not take an active part in the…