Smith v. Schiele

Fitzgerald, C.

Action to recover brokers’ commissions for negotiating a sale of defendant’s land.

Phelps & Smith were the brokers, and plaintiff, who succeeded to their claim, had judgment. Defendant appeals from the judgment and the order denying his motion for a new trial.

*147The questions presented by this appeal for decision arise out of the following state of facts: On February 14, 1887, defendant executed to Phelps & Smith the following contract of employment: —

“ San Josi, February 14, 1887.

“I, the undersigned, do hereby authorize Phelps & Smith solely to sell the following real estate as…