Averill v. O'Farrell

Woods, Judge:

This is an action in assumpsit to recover commissions-for making sale of a certain boundary of timber, containing 2,000 to 3,400 acres, located in Greenbrier county. On the 24th day of August, 1924, the defendants entered into an agreement in writing with the plaintiff, by the terms of which the plaintiff was employed to make sale of said timber owned by them, in which it was agreed that the plaintiff should have for his services in connection with such saie, the sum of 10% of the selling price; and further, it was agreed that pending negotiations with any prospective purchaser…