Hutton v. Stewart

The opinion of the court was delivered by

Mason, J.:

Hutton & Fisher sued John Stewart in the city court of Wichita for a real-estate commission. The case was taken to the district court on appeal. The only pleading filed was the plaintiffs’ bill of particulars, which set out their claim in detail. When the case was called for trial a preliminary statement was made in behalf of each party. The court rendered judgment for the plaintiffs upon their pleading and the opening statements. The defendant appeals.

The uncontroverted facts show that through the agency of the plaintiffs the defendant and…