Apple v. Henry

This action was instituted by plaintiff, a real estate broker in Lewistown, to recover commission at the rate of two and one-half per cent on $39,600. He prevailed in the lower court, and defendant appealed from the judgment.

On February 25, 1919, plaintiff was employed by defendant to effect a sale, or exchange of his property, consisting of 920 acres of improved agricultural land in Fergus county. The contract of employment, after describing the property somewhat minutely, proceeds: “Exchange price, $90 per acre. Sale price, $80; cash payment, $10,000. Balance, $10,000 fall of 1919—bal. 5 or…