Gossett v. . McCracken

Stacy, J.,

after stating tbe case: Plaintiffs have misconceived their remedy, and tbe case bas been tried on an erroneous theory. Conceding, as plaintiffs contend, that tbe change in tbe contract from ten days to twelve days was made with tbe defendant’s approval and consent, still there was no sale of tbe property prior to revocation of tbe power to sell, and, consequently, there could be no recovery of commissions. Plaintiffs’ right of action, if such they have, is to recover damages for an alleged breach of tbe contract. Tbe commissions, called for in tbe agreement, are dependent entirely…