Kahlich v. Watson

HALL, Chief Justice.

Watson, a real estate broker, sued the appellant to recover upon an alleged agreement to pay 5 per cent commission for finding a purchaser for appellant’s 100 acres of land at $40 an acre. His petition contains alternative pleas not necessary to be set out here.

The appellant answered that the contract of sale procured by appellee for the 100 acres of land was merely an executory contract, and that it was agreed that no commission was to be paid unless the sale was consummated, and that the sale was never consummated because of the default and inability of the purchaser to…