Way v. Smith

The court below, in a decree involving several other matters, declined to cancel a certain note for $640, signed by Way, payable to Smith. Way brings error on that point only.

The essential facts are these: Way, of Nebraska, owned two eighty acre tracts in Sedgwick county, Colorado. Sprague, of Holyoke, Colorado, owned a section of land in the same county. Each employed Smith, a real estate broker of Julesburg, to sell his land. Smith negotiated a sale of the section to Way for $19,000, and the two eighties, which were mortgaged to obtain part of the $19,000, and *349then transferred subject to…