Vigeant v. Fidelity National Bank & Trust Co.

This is an action to recover a real estate commission. At the close of plaintiff’s testimony, the court indicated that it would give defendant’s instruction in the nature of a demurrer to the evidence; whereupon, plaintiff took a nonsuit and, his motion to set the same aside having been overruled, he has appealed. This is the second appeal in the case. See Vigeant v. Fidelity National Bank & Trust Company, 158 S. W. (2d) 184, where most of the facts are fully stated.

The petition alleges that plaintiff was employed by the defendant to sell a certain tract of land in Kansas City; that finally,…