Johnston v. Dill

This action- was commenced in the district court of Okfuskee county by William G. Johnston and W. Frank Davis against W. H. Dill and Andy Higgins, for recovery of a broker’s commission for the sale of real estate.

A jury was impaneled, and after the introduction of plaintiffs’ evidence, defendants interposed a demurrer to the evidence, which was sustained, and plaintiffs have appealed.

In reviewing the action of the trial court, this court will not weigh the evidence, but will consider that the demurrer admits every fact which the evidence in the slightest degree tends to prove and all…