Carper v. Sweet

This is an action by the real estate agent to recover from his principal commissions for the sale of the latter’s real estate. The trial below was before the court without a jury, and resulted in a judgment for the defendant. There is a conflict in the testimony as to the terms of the contract under which the defendant left with the plaintiff his property for sale. The defendant testified that plaintiff’s authority to sell required, and his commission depended upon, an immediate sale which he failed to effect, while plaintiff swears that no time limitation was imposed. Upon the presumption,…