Gonder v. Dodge

The opinion of the court was delivered by

Porter, J.:

Appellant, who is a real-estate agent, sued to recover for services in procuring an exchange of properties. The petition contained two counts. The first alleged the performance of the services upon a written contract fixing the amount of the commission, and a copy of this contract and copies of other written acknowledgments of the amount due were attached as exhibits. The second count was on a promissory note given by Dodge and wife to' the plaintiff for $440 in part payment of the same indebtedness. The answer, in addition to a general…