Edwards v. Hamilton

This is a suit in assumpsit, the declaration consisting of the common counts only. The issues were tried by the court without a jury, and resulted in a judgment in favor of the plaintiffs for $1,370. The controversy arises out of the following facts: The plaintiffs, who resided at Carlinville, Illinois, had at some time prior to 1908 given to the defendants a sixty days’ agency to sell their farm of 130 acres near Modesta, Illinois, under which nothing was accomplished. On September 25, 1908, the plaintiff, Ezekiel Edwards, agreed with the defendant Hamilton that if the latter would sell the…