Justice Elizabeth Emerson
Doukas sought to establish he was not personally liable to Island Associate Real Estate for commissions, arguing he did not own the subject property in his personal capacity. The court noted such argument was rejected by the jury, and the court, which denied Doukas' prior motion for judgment notwithstanding the verdict. The court stated a principal who employed a broker was liable for commissions when the broker performed a contract by procuring a purchaser, despite the principal not owning the property involved, nor could he sell it. It concluded a principal could obligate himself for payment of commissions in making a sale of property he did not own, noting the fact title was held by a limited liability corporation did not automatically relieve Doukas of his contractual obligation to pay a broker's fee. Thus, the court ruled the branches of Doukas' motion to vacate the judgment, vacate the verdict, and for renewal and reargument of his prior motion for judgment notwithstanding the verdict were denied. Also, it found Island did not waive its right to prejudgment interest by failing to ask the jury to fix the date from which interest was to be computed, stating as prejudgment interest was a matter of right, Island was entitled to have interest added to the verdict.
