Elwood v. Tiemair

The opinion of the court was delivered by

Johnston, C. J.:

This was an action brought by the appellant, Henry Elwood, to recover from the appellees, Henry Tiemair and wife, the commission alleged to be due for the sale of their farm, which consisted of about two hundred and forty acres. On June 30, 1910, Tiemair signed a written contract which purported to authorize Elwood to find a purchaser for his farm at a net price of $9000, Elwood to have all which he received above that price as a commission. It was provided that the purchaser should pay $2000 in cash to bind the bargain, and that Elwood…