Smith v. Keeler

Hr. Justice Gary

delivered the opinion of the Court.

This case, tried by the court without a jury, involves only questions of fact, unless an objection to the alleged want of evidence raises a question of law.

The testimony is that Harlow P. Smith, the testator of the appellant, retained the appellee, a real estate broker, to sell some property for §100 per foot; the appellee to have as his commissions, all that he could get over that price. The authority was by parol, yet the appellee made a sale and a contract in writing, for a price that gave him a liberal com. mission.

The clerk of the…