Caruthers v. Reesor

Upon a trial by the Circuit Court; without a jury, appellee recovered a judgment against appellant for the sum of $36 claimed to be due to him as commissions on a sale of real estate. The defendant by this appeal seeks to reverse such judgment, and assigns and urges as error that the finding of the court was not warranted by the evidence and that the court erred in refusing to hold as applicable to the facts, the second proposition of law submitted by the appellant, which proposition reads as follows:

“The law is that a contract to sell land against which the vendee can successfully plead the…