Simmons v. Libbey

SADLER, Justice.

The appellant, as plaintiff below, sued defendant for the recovery of $300.00, which the latter claimed the right to deduct as'his commission from a down payment of $500.00 received by him as plaintiff’s agent from a third party under an agreement for sale of certain real property. Judgment went for the defendant and the plaintiff prosecutes this appeal from the judgment so rendered against him. There is little dispute in the facts. Indeed, practically all of them were stipulated.

The parties to the action reside in Los Luna,s, the county seat of Valencia County, where…