Tope v. Nichols

The opinion of the court was delivered by

Dawson, J.:

This was an action for a commission on the sale of a stallion and jack. Plaintiffs’ oral contract of employment with defendants provided that plaintiffs could keep as their commission all they could get above $175. Plaintiffs were authorized to dictate the price to any buyer they might obtain. Plaintiffs promptly found a prospective buyer, and he and defendants and plaintiffs discussed various phases of a bargain, but the closing of a contract was postponed for three days, during which time defendants effected a deal *417with the same…