COUNIHAN, J.
This is an action of contract to recover for services in procuring a customer for certain real estate of the defendant. The declaration was in two counts, the first count alleging an express contract to pay the plaintiff a commission of 5% of the sale price. The jury found for the defendant on that count so we need not consider the exceptions of the defendant in so far as they relate to it. The second count was upon an account annexed involving an implied...
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