Lyman v. Wagner

The opinion of the court was delivered by

Johnston, C. J.:

Edwin Lyman, the appellant, brought this action to recover a commission alleged to be due to him for procuring a purchaser of four hundred and eighty acres of land owned by Edward F. Wagner and Ethel Wagner. In the listing contract it was stipulated that the price to be obtained should be $24 per acre net, that is, that Lyman should receive all over $24 per acre as his commission for making the sale, and this commission, it was stipulated, was to be paid from the first money received on the sale. Lyman found a purchaser who was accepted…