Frazier v. Ray

OPINION OF THE COURT

BRATTON, J.

The appellee instituted this suit to recover the sum of $1,131, being the balance due upon a commission of $2,631 earned by him upon the sale of certain cattle belonging to the appellant. He charged that the parties had agreed upon a commission of $1 per head for all cattle sold; that through his instrumentality the appellee sold to C. L. Anceney, of Boseman, Mont., 2,631 head of cattle; that the appellee had paid him $1,500 to apply upon such commission, leaving still due the sum sued for.

Tbe appellant denied that any agreement for the payment of $1 per head…