Kimbrough v. Smith

The question presented on this appeal is whether the county Judge, who sat as judge and jury, had sufficient evidence before him to find and conclude that Smith impliedly agreed to pay Kimbrough a real-estate commission. He did so conclude and entered judgment for Kimbrough for $337.50. The Circuit Judge, on appeal to that court, on a review of the record from the County Court, reversed it, and entered a judgment for Smith, from which Kimbrough appeals here.

A decision of the foregoing question makes it necessary that we review the evidence.

Kimbrough had effected a sale of real property from…