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ZIFCAK v. MONROE

No. 440-Appeal.

249 A.2d 893 (1969)

Anthony ZIFCAK, v. Jesse H. MONROE et al.

Supreme Court of Rhode Island.

February 13, 1969.

Attorney(s) appearing for the Case

Joseph J. Roszkowski, Irving I. Zimmerman, Woonsocket, for plaintiff-appellant.

Keefer and Kirby, Scott K. Keefer, Woonsocket, for defendants-appellees.

OPINION

KELLEHER, Justice.

This is a suit by a real estate broker for a commission allegedly due him from the defendants. A jury waived trial in this case was held before a justice of the superior court. At the conclusion of the presentation of the plaintiff's evidence, the defendants without either resting or waiving their right to present evidence moved for a dismissal of the complaint and that a judgment on the merits be entered in their favor.

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