Tarpenning v. Knapp

Duffie, C.

Tarpenning brought this action against Knapp to recover $250 commission on a sale of lands. The answer set up two defenses: First, that the contract of agency was not signed by Tarpenning until after January 1, 1906; and, second, that defendant himself made the sale in December, 1905. The jury returned a verdict for the defendant, upon which judgment was entered, and, the motion for a new trial being overruled, the plaintiff has appealed.

There is plenty of evidence in the record to show that Tarpenning did not sign his contract of agency until about the time of commencing his…