Armstrong v. Cleveland

JAMES, Chief Justice.

—The action is by defendant in error to recover $1000, the petition alleging an express contract to pay him all he should sell a certain 100 acres of land for, over $50 an acre; plaintiff having found a purchaser ready, willing and able to pay $60 an acre therefor. The answer was a general denial. There is no statement of facts, but conclusions of fact filed by the judge show that the proof of the terms of the agreement was that defendant should receive not less than $50 per acre for the land, he informing plaintiff that he had been paying 5 per cent commission for…