Vignolo

Petitioner applies for a writ of review for the purpose of having' annulled a judgment of the respondent Superior Court rendered on the merits, after trial de novo, in an action brought before said Superior Court on an appeal from the justice’s court taken on questions of law and fact. Petitioner’s main contention is that there was no trial of the facts in the justice’s court, and that therefore the appeal to the Superior Court was in effect one taken upon questions of law alone, whereunder the power of the Superior Court was limited to a reversal of the judgment and a remand of the cause to the justice’s court for trial on the issues of fact tendered by the pleadings.

The action was commenced by one J ames Neary against' petitioner to recover upon an assigned claim for real estate broker’s commissions. The essential allegations of the com plaint were that petitioner authorized plaintiff’s assignor, a duly licensed firm of real estate brokers, to sell his real property; that thereafter said brokers secured a purchaser, with whom petitioner entered into a written contract of sale, a copy of which was attached to and made a part of the complaint; that at the time of the execution…