Dowling v. Wheeler-Kelly-Hagny Trust Co.

The opinion of the court was delivered by

Thiele, J.:

Plaintiff brought an action to recover a real-estate commission. From a ruling sustaining a demurrer to his petition he appeals to this court.

Omitting portions not now material, the plaintiff’s petition alleged that the defendant had exclusive charge of a ranch of 2,080 acres in Dickinson county, owned by a corporation of which defendant was the general agent. On April 25, 1938, defendant addressed a letter to plaintiff advising him he was to have exclusive sale listing of the ranch until notified in writing of withdrawal and to price it in…