De Rosiers v. Pullman

1 R.I. Dec. 168

Opinion

Capotosto, J.

This is an action for a broker’s commission for a sale of certain real estate on Pine Street in the City of Providence. The jury returned a verdict for $233.30. The defendant moves for a new trial upon the usual ground.

The plaintiff claims that the defendant personally asked her to find a customer for his property and that he promised to pay her a commission of two per cent on the sale price, that relying upon the defendant promise she interested a Mrs. Cutler in the property; that the property was in fact sold to Mrs. Cutler and that the defendant thereupon refused to pay-her the commission.

For Plaintiff: Fitzgerald & Higgins. For Defendant: Robinson & Robinson, W. M. P. Bowen & F. H. Wildes.

The defendant maintains that he never made any promise to the plaintiff to pay her any commission and that the plaintiff’s claim was a “frame-up.”

The issue raised was purely a question of fact and credibility. The jury’s verdict is, in my opinion, supported by the weight of the evidence and, therefore, should not be disturbed.

Motion for new . trial denied.