PRATT v. JOHNSON


1985 Mass. App. Div. 141 (1985)

Janet L. Pratt vs. Rita L. Johnson and another

Massachusetts Appellate Division, Southern District.

July 10, 1985.


Attorney(s) appearing for the Case

Sumner Bauman for the plaintiff.

Mary M. McCallum for the defendants.

Present: Welsh, P.J., Staff & Shubow, JJ.


Shubow, J.

This appeal seeks review of the allowance by the trial judge of a motion for summary judgment in favor of the sellers who were being sued for a commission by a real estate broker. Because the pleadings and the affidavits filed in connection with the motion disclose a substantial factual dispute as to whether failure to consummate the transaction was due to the acts of the defendants, we reverse.3

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