Lasater v. Poage

Appellee sued appellant to recover for services as a real estate agent in selling certain lands for appellant. In addition to the usual averments, appellee alleged that appellant had agreed to pay him 5 per cent, commission on the sale price of $25,000, and, in the alternative, that appellant agreed to pay hifn a commission, and that the usual and custom'ary commission in the community in which the land was situated was 5 per cent, of the selling price. In either event he prayed judgment for 5 percent. commission.

Appellant answered by general denial, and specially averred that he had never…