Schmidt v. Earl

RENTTO, Judge.

This action was brought to recover a real estate broker's commission. The jury returned a verdict for the plaintiff. On defendant's motion for a judgment notwithstanding the verdict, the verdict was set aside and a judgment entered in fayor of 'the defendant in accordance with his motion for a directed verdict. From this the plaintiff appeals.

Defendant was the owner of a well, improved farm in Davison County, South Dakota, containing about a section of land. When he evidenced a desire to sell it for $96,000 a mutual friend who had resided in Iowa, suggested that he list the farm…