WITHERS v. Sohrweid

Defendant was sued by plaintiffs for a real estate commission. After a jury trial resulting in a verdict in favor of the plaintiffs, defendant appealed.

Defendant assigns as error the refusal of the court to direct a verdict in his favor on the ground of absence of proof.

On December 8, 1949, defendant, the owner of 127 acres in Yamhill county, gave to the plaintiffs a nonexclusive listing, in writing, of his property for the purpose of sale, for a selling price, free of encumbrances, of $45,000, including equipment, or $35,000 without equipment or crop, the Listing contract containing the…