Klepper v. American-LaFrance Fire Engine Co.

Plaintiff sued to recover damages for breach of an oral contract. The cause was tried before the court sitting without a jury and resulted in a judgment for the plaintiff for $9,459.48, with interest thereon from the twenty-fourth day of February, 1926. The defendant appeals upon typewritten transcripts.

The first attack upon the judgment is that the amended complaint fails to state a cause of action. The case pleaded by the plaintiff is a simple case of an oral contract wherein the principal agrees with a broker that the broker shall undertake to negotiate with a third party for the sale by…