Reginald Lalow and Helene Lalow v. Sam L. Codomo

The defendants appeal from a judgment based upon a jury verdict for the plaintiff, a real estate broker. The action was to recover a commission under a written contract granting to the broker an exclusive right to sell certain property. Under the assignments of error presented it is necessary to review the evidence in order to determine: (1) whether there was a basis in the evidence for a charge which was requested and not given as to the effect of bad faith by a broker, (2) whether the agreement by its terms limited the recovery to an amount less than the verdict, (3) whether the terms of the agreement precluded recovery upon the sale actually made. Each of these questions being determined in the negative, adversely to appellant, we find no error demonstrated.