Kernaghan & Cordill v. Uthoff

OVERTON, 3.

The present case is one in wliieh plaintiff sues for $8,754.75 for the breach of an alleged verbal contract to give them the exclusive agency to sell certain property in Vincennes place, belonging to defendant, and, in the alternative, to recover this amount, for services performed, on a quantum meruit.

It is urged that the contract wa~ breached by defendant's insisting that the written contract, whieh the agreement contemplated, should contain three conditions, which were not in the verbal contract, and which were inconsistent with it, and, if incorporated, would furnish the means…