Whyte v. Rogers

Mr. Presiding Justice Dove

delivered the opinion of the court.

This is a suit brought by William D. Whyte to recover a real estate commission. The suit was instituted against Jens H. Larsen, who died during the pendency of the suit, and his executor Alvah L. Bogers was substituted as party defendant. At the conclusion of all of the evidence the trial court directed a verdict for the plaintiff for $1,750, upon which judgment was rendered and the defendant appeals.

The record discloses that on May 10, 1937 Jens H. Larsen was the owner of a three-story brick building located in the business section…