Lukey v. Smith

OPINION

By the Court,

Badt, C. J.:

This is an appeal from a judgment awarding respondent a real estate commission based upon a written contract. Such contract comprised a written proposal by St. Mary’s Hospital, Inc. to purchase property owned by appellants and a written acceptance of such proposal which contained the agreement of appellants to pay to respondent the sum of $1,400 for his services in procuring the purchaser.

In their appeal from the judgment, appellants assert that the lower court erred in holding (1) that respondent had a contract of employment with [appellants] ; (2) that a…