Butcher v. White

■ SPERRY, Commissioner.

Butcher sued White for a $4,000 commission, allegedly due for services in the sale *702of property for White. Defendant answered but, on the day of trial, did not appear, nor was he represented by counsel. Plaintiff waived a jury, presented evidence, and had adjudgment for the amount sought. Defendant moved to set the judgment aside and, upon denial of the motion, appealed.

Plaintiff alleged that defendant agreed to pay him $4,000 as commission for the sale of certain personal property described in the petition; that he procured a buyer and the sale was consummated; that the…