Herrington v. Pelkey

STEPHENSON, Justice.

This is an action upon a written contract to recover a commission for the sale of real estate. Trial was before the court and judgment rendered that plaintiffs, Herring-tons, recover nothing from defendants, Pelkeys. The parties will be referred to here as they were in the trial court.

The contract in question was signed by Alice Herrington as the real estate broker and Alice Pelkey as owner. At the time of execution of this contract, each of these parties was married, and each had had her disabilities of coverture removed. The undisputed evidence shows the real estate…