Fall v. Tucker

The opinion of the court was delivered by

Hopkins, J.:

The action was to recover a commission for the purchase of real estate. Trial was to a jury. Plaintiff recovered, and defendant appeals.

Plaintiff alleges in his petition:

“That during all of the times material hereto, plaintiff was the agent of the defendant with authority and instructions to purchase land in Colorado for the *714defendant, the defendant orally agreeing to pay the plaintiff the sum of one dollar per acre as commission for such land as plaintiff procured and which should be accepted by defendant. Acting under said agreement,…