Helen Mellet and Peter Mellet v. H. N. Henry and Joseph F. Clark

The appellants were defendants in an action brought by the appellees, who were real estate brokers. The complaint claimed a commission upon a sale of appellants property. It alleged that the plaintiffs were employed to find a purchaser ready, able and willing to purchase a certain hotel, that the plaintiffs did find such a purchaser, and that thereafter the defendants effected a sale of the hotel to this purchaser. Answers were filed denying these allegations. Upon trial the defendants moved for a directed verdict at the conclusion of plaintiffs case and at the close of all the evidence. The motions were denied and the jury returned a verdict against the defendants. Thereafter defendants moved for judgment in accordance with the motion for directed verdict or in the alternative for a new trial. Upon denial of this motion final judgment was entered. The defendants appeal and argue three assignments of error: (1) the courts failure to grant their motion for directed verdict at the close of plaintiffs case, (2) the refusal to grant the motion at the close of all the evidence, and (3) the denial of the motion after verdict. The judgment is affirmed.