Hart v. Warder

COMPTON, Justice.

Appellee, plaintiff below, brought this action to recover the sum of $500 as commission for the sale of certain personal property belonging to appellant. In response to a motion to make more definite and certain, it was admitted that the contract of employment is oral.

The cause was tried to the court and the findings material to a decision are substantially as follows: During the latter part of the year 1949, appellant-listed with appellee for sale his stock of merchandise consisting of hardware and furniture and agreed to pay a commission of 5% on the sales price.…