Krauss

Plaintiff, a real estate broker, brought this action to recover from defendant, also a real estate broker, $607, being one-half of a commission received by defendant from the sale of, certain real estate belonging to a third party. The complaint alleged that plaintiff and defendant had entered into an agreement whereby if plaintiff either directly or by bringing defendant into communication with a prospective buyer should procure a purchaser for certain real estate for which defendant was the exclusive sales agent, defendant would pay to plaintiff one-half of any commission defendant might receive through such sale; that plaintiff had procured such a purchaser; that a sale had been made and defendant had received a commission, but had refused to divide it with plaintiff. Defendant’s answer denied the existence of such an agreement. The court found that the allegations of the complaint were true and gave judgment for plaintiff.

The defendant urges as grounds for reversal (1) that the finding that there was such a contract is without support in the evidence and (2) that even though there were a contract, plaintiff did not perforin the services required of him.

Viewing the evidence…