Cheshier v. Tidwell

TIREY, Justice.

The action was instituted by appellant to recover from appellee five per cent real estate broker’s commission for the sale of the farm belonging to appellee. The cause was tried without the aid of a jury and appellant was denied relief. At his request the court filed findings of fact and conclusions of law, and we quote the pertinent parts:

‘T. On November 9, 1949, the defendant John D. Tidwell signed the contract in evidence for the sale of approximately 154.63 acres of land, of which he was the owner.

“2. At the time of such signing by the defendant, which came about under the…