Barret v. Clarke

Opinion op the Court by

Commissioner Stanley—

Affirming.

The appellee, D. C. Clarke, brought this suit against appellant, William T. Barret, on a note for $1,000. Admitting the execution of the note, in various pleadings the appellant set up these facts in defense: He entered into a contract with appellee as a real estate agent for the subdivision and sale of a tract of land in Lewis county, the consideration to be paid, appellee being 20 per cent, of the gross proceeds. An auction sale was had on Saturday, October 28, 1922, the gross bids aggregating $12,-580, and that afternoon Barret gave…