Avery v. Howell

The opinion of the court was delivered by

Porter, J.:

The main question in this case is whether the court erred in sustaining a demurrer to defendants’ evidence. The plaintiffs, who are real-estate agents, sued to recover their commission upon an exchange of properties. On a former trial the court set aside a verdict for defendants. From the ruling granting a new trial defendants appealed and the judgment was affirmed. (Avery v. Howell, 91 Kan. 297, 137 Pac. 785.) Before the second trial defendants filed an amended answer in which they admitted having made a written contract with Hanna, the…