Sanford
Sanford v. Hargrove
Opinion
Lead Opinion
Barnard, J.
This action was brought by the plaintiff to recover one-half of an amount collected by the defendant as a commission for the sale of certain real estate. The defendant was a real estate broker and the plaintiff was for some years employed in defendant’s office as a real estate salesman. Except as herein pointed out, it is agreed that the plaintiff was to receive one-half of any commission earned when he produced a purchaser for property listed for sale. In the matter here in controversy, as admitted by the answer, one F. C. Wilson listed certain property with the defendant for sale, and a buyer procured by the plaintiff entered into a written contract to purchase the property. Thereafter, Wilson refused to pay the commission and this defendant brought suit and recovered judgment, which was affirmed on appeal, and the defendant received $5,783.54 as commission on the deal. It appears that three other suits were filed by this defendant to collect commissions, the claims for which arose while this plaintiff was employed by the defendant. In the first of these other actions, one Glenn was sued and an attachment was levied upon the furniture in an apartment house containing eight…