Weitbrec v. Morris

I concur in the conclusion that the judgment must be reversed upon account of the amount of damages awarded to the plaintiff, but I cannot agree that the complaint fails to state any cause of action and for that reason that the action should be dismissed.

*355About November 1, 1908, Weitbrec placed Ms 3 R ranch, including appurtenant water, ditch and reservoir rights, in the hands of Morris, a real estate agent at Pueblo, for sale at $125,000, from which Weitbrec was to be paid $25,000 in cash and $55,000 in notes secured by first mortgage lien on the property, and Morris was to have all the…