Allen v. Bowling

The opinion of the court was delivered by

Wedell, J.:

This was an action by one real estate broker against another to recover one half of the commission for the sale of a ranch. Plaintiff prevailed and defendant has appealed.

The action was tried by the district court without a jury. Appellant, R. W. Rowling, lived in McPherson, and appellee, Oliver P. Allen, lived at Alma. Appellant’s principal contention is that the minds of the parties had not met on the subject of any particular ranch or on a division of the commission and hence there was no valid and enforceable contract. In order to avoid…