Krehbiel v. Milford

The opinion of the court was delivered by

Smith, J.:

This was an action to collect a commission for the sale of real estate. The defendant has appealed from the trial court’s order overruling his demurrer to plaintiff’s evidence. At the conclusion of the trial plaintiff asked for a new trial on the issue of damages only. The trial court on its own motion allowed a new trial generally. The plaintiff has cross-appealed from that ruling.

This case has been here before. (See Krehbiel v. Milford, 171 Kan. 302, 232 P. 2d 229.) In that case there had been a judgment for plaintiff. We reversed and…