Bressler v. McVey

*342The opinion of the court was delivered by

Mason, J.:

G. W. Bressler sued George McVey for a real-estate broker’s commission. He asserted that a contract had been made by which if he found a purchaser he was to receive whatever the property brought in excess of $7000; that he had procured a customer ready and able to take it1 at $7500, but that the. defendant, without just cause, refused to convey. While the answer was a general denial, the defense developed at the trial was that the plaintiff’s agency was not exclusive, and that before his negotiations culminated a -sale had been made to…