Blackerby v. Oder

Opinion of the Court by

Chief Justice Sampson

Affirming.

The question in this case is, whether appellee, Charles F. Oder, was at the time of the commencement of this action a member of the real estate partnership firm of W. O. Blackerby & Sons. The appellant company asserts that Oder was a member of the firm, while Oder denies that he was other than an agent of the firm, not a principal. The written contract, so far as relevant,' reads:

“It is further understood and agreed by the parties hereto that the party of the second part shall receive a commission of 5% on all land sold for the party of…