Vigeant v. Fidelity National Bank & Trust Co.

Plaintiff, Gregory Vigeant, sued defendant, Fidelity National Bank and Trust Company, for commission claimed to be due him for the sale of real estate owned by defendant. Plaintiff took an involuntary nonsuit and appeals from the order of the court overruling his motion to set the nonsuit aside.

Prior to May 12, 1927, defendant was the owner of certain real estate located in Kansas City, Missouri, known as "The Walnuts," and employed plaintiff to sell same at a price of $150,000. It agreed to pay him a commission of 10 per cent on the first $10,000 of the sale price, and 3 per cent on all sums…