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COWAL, TRADING AS GIBRALTAR REALTY CO. v. MARLETTA

[No. 184, September Term, 1957.]

216 Md. 222 (1958)

139 A.2d 712

COWAL, TRADING AS GIBRALTAR REALTY CO. v. MARLETTA, TRADING AS MARLETTA'S ITALIAN RESTAURANT

Court of Appeals of Maryland.

Decided March 28, 1958.

Attorney(s) appearing for the Case

Submitted on brief by Lewis H. Weiss, for appellant.

No brief and no appearance for appellee.

Judgment reversed, and entered in favor of the appellant against the appellee in the amount of $670, with costs.

The cause was submitted to BRUNE, C.J., and HENDERSON, PRESCOTT and HORNEY, JJ., and CARTER, J., Chief Judge of the Second Judicial Circuit, specially assigned.

CARTER, J., by special assignment, delivered the opinion of the Court.

The Circuit Court for Prince George's County set aside the verdict of a jury in favor of the appellant (broker) for $670 commissions and granted the motion of the appellee (owner) for a judgment n.o.v. under Maryland Rule 563 b 1. While the record is silent on the subject, the apparent basis for the trial court's action was that there was no legally sufficient evidence from which the jury could...

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