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LAVITT v. ABERLE

144 Conn. 723 (1957)

LOUIS LAVITT v. EDWIN J. ABERLE

Supreme Court of Connecticut.

Decided December 26, 1957.

Attorney(s) appearing for the Case

Harry H. Lugg, for the appellant (defendant).

William J. Butler, with whom were Charles D. Gersten and, on the brief, Harold Gersten and Bernard J. Ackerman, for the appellee (plaintiff).

WYNNE, C. J., BALDWIN, DALY, KING and MURPHY, JS.

MURPHY, J.

The defendant has appealed from a judgment awarding the plaintiff, a real estate broker, a commission of $5000 upon a complaint alleging an express contract to pay a commission of $7500. His principal contention is that the trial court erred because the plaintiff at no time claimed or admitted, in evidence, argument or brief, that any amount was due him other than $7500, and there was no evidence of the reasonable...

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