FINLAY COMMERCIAL REAL ESTATE v. PAINO

No. 88-450.

133 N.H. 4 (1990)

FINLAY COMMERCIAL REAL ESTATE, INC. v. JOHN F. PAINO & a.

Supreme Court of New Hampshire.

April 11, 1990.


Attorney(s) appearing for the Case

Law Offices of K.S. Williams-Hardy, of Epping (Kathryn Swain Williams on the brief and orally), for the plaintiff.

Boutin & Solomon P.A., of Londonderry (Edmund J. Boutin and Fred J. Forman on the brief, and Mr. Boutin orally), for the defendant.


BATCHELDER, J.

The appeal in this case is from an order of the Superior Court (Dalianis, J.) granting the defendants' motion for summary judgment in an action by plaintiff to recover a real estate brokerage commission. The court ruled, "Finlay is a licensed New Hampshire Real Estate Broker and as such must have a written listing agreement for sale in order to recover a commission and maintain a cause of action." Because we differ from the trial court in our...

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