Smith v. Burton

HENRIOD, Justice.

Appeal from part of a judgment denying a $4,000 claim of plaintiff, and cross-appeal from a part awarding $2,000 to plaintiff. Denial of the $4,000 claim is affirmed and the award of $2,000 is reversed, costs to defendant.

This action is for $6,000 allegedly due for realty commissions, which amount, in plaintiff’s words, was made up of “$2,000 * * * claimed under a memorandum agreement * * * marked Exh. 7” and “the balance of $4,000 * * * due under the document entitled ‘Commission Agreement’ which is Exh. 2.” Plaintiff, therefore, relies on the terms of those instruments as…