Degner v. Moncel

The defendant contends that neither he nor Stearns made any false statements of fact to the plaintiff to induce him to execute the two notes for commission. Both Moncel and Stearns testified that they had no binding agreement with Plendel or McNary by which they could enforce the payment of a commission from the seller.

Upon the trial Stearns testified that McNary had said, “We’ll take care of you.” That was in response to a question as to whether he had any agreement, either oral or in writing, for a commission for selling the farm. Although the date is not given it must be inferred that it…