Anderson v. Cox
Nebraska Supreme Court
Er~aor~ to the district court for Seward county. Tried belo* before SAVIDGE, J., sitting for N0RVAL, J. Cox was plaintiff there, obtaining judgment against Anderson. cited: McDonald ~. Bceing 5N.W.R.,441.Charltonv.Wood,11Heisk., 19.1Wait'sActionsandDefenses,289. cited: Cliilton v. Butler, 1 E. D. Smith, 150. Hanfo~?d v. Shapter, 4 Daly, 243.Stewartv.Mather,32Wis.,344.Potvinv.Curran, 13Neb.,303.
1Opinion of the Court
MAXW-~LL, J.
This is an action to recover commission for selling real estate. The plaintiff was the owner of a farm containing 240 acres, near Seward, and employed the defendan~ who was a land agent at Seward, to sell it. There is a dispute as to the price at which i1 was to be sold, the plaintiff say~ ing the price was $26 per acre, while the defendant cont~nds it was $2ó .per acre. The defendant advertised the land by description in his real estate papers, and claims to *11have pointed it out to a Mr. Nelson, who afterwards purchased it at $25 per acre. Mr. Nelson’s testimony is, that Mr. Cox…
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