Weitbrec v. Morris

Opinion by

Mr. Justice Teller.

The defendant in error recovered a judgment against plaintiff in error for $45,000 as a broker’s commission on a sale of real estate.

The complaint, in what is designated as a first cause of action, alleges that the defendant, prior to the 3rd day of April, 1909, appointed the plaintiff his agent “to find a purchaser and to sell and dispose of” the 3 R Ranch owned by the defendant; that, on said 3rd day of April, the defendant entered into a written contract as follows:

*347“Pueblo, Colo., April 3, 1909.

Henry O. Morris,

Pueblo, Colo.

Dear Sir:

I am in receipt of your…