Briggs v. Havana State Bank

The opinion of the court was delivered by

Burch, J.:

The action was one for an agent’s commission for the sale of real estate. The plaintiffs recovered, and the defendant appeals.

The only important question is whether the following instruction given the jury states the law:

“If you find, from the evidence in this case, that the defendant placed the land described in the plaintiffs’ petition in the hands of the plaintiffs for sale, at the stipulated price of $25 per acre; that the defendant agreed to pay plaintiffs the sum of $2 per acre as commission for the sale of said land when sold at said…