[3] The plaintiffs have appealed from a Superior Court judgment issued by a justice of that court after trial without the intervention of a jury. The plaintiffs claimed that they were entitled to a real estate sale commission under an exclusive right to sell agreement entered into between plaintiffs and defendants. The principal issue in the case was whether plaintiff Raymond Morrissette had brought the purchasers of defendants' restaurant property to the restaurant during the life of the exclusive agreement. There was conflicting testimony on this issue. The trial justice decided the credibility issue in favor of defendants. He found that Raymond Morrissette as plaintiff failed to sustain the burden of proving by a fair preponderance of the credible evidence that he was entitled to judgment.
[4] Our review of the record and testimony in this case indicates that the trial justice did not overlook or misconceive material evidence, nor was he otherwise clearly wrong. Bengtson v.Hines, 457 A.2d 247 (R.I. 1983).
[5] Consequently, the plaintiffs' appeal is denied and dismissed. The judgment of the Superior Court is affirmed.