Crampton v. Irwin

This is an action to recover a real estate broker’s commission. The'cause was tried to the court without a jury. Judgment was for plaintiff, and defendant brings error.

The plaintiff in error, defendant below, asserts in his brief as follows:

“The complaint nowhere alleges that the prospective purchaser wás ready, able and willing to purchase, and the testimony introduced entirely omits all proof on the question of the ability of the prospective purchaser to purchase.”

We have read the abstract, and it sustains the foregoing proposition. The instant case is controlled by the rule stated in…