Schwartz v. Meschke

The opinion of the court was delivered by

Porter, J.:

Plaintiffs were real-estate agents and brought this action to recover a commission for procuring an exchange of defendant’s stock of merchandise for farm property. The trial to a jury resulted in a verdict in favor of plaintiffs. The defendant appeals and complains that the trial court erred in excluding testimony and in refusing to instruct in reference to double agency. The answer precludes such a defense. If the defendant desired to raise the issue of illegality or fraud or that the contract was improper he should have affirmatively…