Clark v. Ellsworth

UDALL, Justice.

This is an appeal by plaintiff, a licensed real estate broker, from a judgment for defendant rendered by the court sitting without a jury in an action for a commission of $1,175 claimed to have been earned by plaintiff in connection with the sale of defendant’s property.

Plaintiff’s complaint sets up two counts. The first is upon an express contract to pay a commission (the written contract having been plead haec verba); and the second be ing for quantum meruit. At the close of his case plaintiff elected to stand upon the first claim for relief. It was his theory, as shown by…