Kleinberger

This is an appeal by defendant from a judgment in favor of the plaintiff in an action to recover real estate broker’s commission.

The case has a history, which, for uses hereinafter, may be here related. The action was commenced in 1922. After issue joined a trial date was set and upon that date the taking of testimony began. At the conclusion of plaintiff’s case, the court granted defendant’s motion for a non-suit and judgment was entered accordingly. From this judgment an appeal was taken and the appellate court held the trial court to have been in error in granting the nonsuit and the case was returned. On the second trial no additional evidence was offered by plaintiff and the defendant offered evidence supporting her defense. On this trial judgment went for the defendant. Thereafter, on motion of plaintiff a new trial was granted. This is the trial resulting in the judgment from which the present appeal arises. Incidentally, it might be noted, that in each proceeding before the trial court a different judge presides; it is thus manifest that many minds have been engaged in solving the questions presented with divided opinions. As has been noted in this review, the ease has…