Jordan v. Merten

Opinion of the Court by

Chief Justice Sims

Dismissing appeal.

William G. Jordan and wife sued William J. Merten, doing business as Merten Realty Company, and I. W. G-erstle to recover $315 paid them as a broker’s fee ■on a sale of real estate, which sale the plaintiffs aver was never consummated. The petition alleges plaintiffs owed defendants a commission of $50 on the deal and asked judgment for $315, credited by the $50, or $265.

The answer denied that the sale was never consummated, and by way of counterclaim defendants averred plaintiffs owed them a commission of $525, to be credited by $315…