Everson v. Phelps

Plaintiff commenced this action to recover a commission alleged to have been earned by him under a contract of employment to sell, or find a purchaser for, certain real and personal property, within a specified time.

This appeal is from a judgment of nonsuit granted by the Circuit Court upon motion of defendant, made at the conclusion of plaintiff’s evidence, and brings here for review the determination of the trial court that the services essential to entitle plaintiff to a commission under his contract of employment were not performed within the time specified in the contract.

On June 2,…