McElroy v. Dobbs

This was an action to recover a broker’s commission for procuring and effecting tbe exchange, of farm land. Suit was brought by appellee, a real estate agent, upon an express contract between him and appellant by the terms of which, it was alleged, the latter was to pay a commission of 5 per cent, upon the amount of the sale of the land, if it were sold through appellee’s efforts, and 2y2 per cent, of the value of the land was to be paid as commission if an exchange of the land should be made to “some person who had been procured by or through the efforts or instrumentality of the plaintiff.”…