Blackwood v. Starkey

HADE, O. J.

Appellee Starkey, a real estate broker, recovered a judgment against appellant Black- wood for the sum of $425 as compensation for services alleged to have been rendered by him in effecting a sale and exchange of lands between Blackwood and one W. IP. Nicholas.

The appellee’s petition seeks first a recovery upon an express contract and in the alternative prays for judgment upon a quantum meruit. In the submission of the issues to the jury, the cause of action based upon the contract was abandoned, and the court submitted only the right to recover upon a quantum meruit. In this count…