Wheeler v. Van Sickle

Irvine, C.

The defendant in error recovered judgment in the district court of Lancaster county against the plaintiff in error for commissions claimed to have been earned in procuring a purchaser for real estate of the plaintiff in error.

The. plaintiff in error contends that the court erred in refusing to give the third instruction asked by him. This instruction was as follows:

“You are instructed that before plaintiff can recover he must prove by a preponderance of evidence that he was the procuring cause of making a sale, or of producing a purchaser who is willing, ready, and able to buy on…