Pacheco v. Medeiros

FIELD, Justice. This is an action of contract brought in the district court to recover the sum of $400 alleged to have been earned as a commission. The declaration alleges that on or about August 19, 1931, the defendant employed the plaintiff to negotiate the sale of his farm, situate on Pleasant Street, in Rehoboth, in said County of Bristol; undertaking and agreeing to pay him as commission a sum agreed, to wit, five per centum (5%), of the selling price of said farm, if he could obtain a purchaser for the farm for the sum of eight thousand ($8,000.00) dollars; that he did procure a purchaser for said farm upon the terms mentioned which was agreed upon by said defendant, and that the defendant owes the plaintiff the sum of four hundred ($400.00) dollars. The defendant moved for a finding in his favor on the grounds that upon the evidence and the law of the case the plaintiff cannot maintain this action, and that there is material variance between the pleadings and the evidence, and requested certain rulings. The trial Judge denied the motion, made some of the rulings requested, refused to make others and found for the plaintiff. A report to the appellate division was dismissed and the defendant appealed.