Mecklenborg v. Niehaus

OPINION

By MATTHEWS, PJ.:

This is an appeal from a judgment rendered for the defendants in an action in which the plaintiff sought to recover a commission on the sale of real estate owned by defendants. The judgment was rendered on a general verdict for the defendants.

There was no dispute that on June 18th, 1947, the defendants employed A1 Koch, one of the plaintiffs, as their exclusive agent to sell their real estate for $16,300.00, and agreed to pay him a commission of 5% on the amount for which the property might be sold if he procured a purchaser, excepting, however, from the generality of…