McMacken v. Lennan

Plaintiff sued- for real estate broker’s com-mis'sion in the sum of $1,776, that being $1 per acre. Defendant admitted the employment, but ,saidi the acreage on which he agreed to pay commission -was 998 instead of 1,776, and that the agreement was that such- commission was not to- be paid until he received sufficient payments to- entitle- the purchaser to a deed.

The jury believed plaintiff as to the time when the commission was earned and believed the defendant as to the acreage, for it returned a verdict for plaintiff for $998. From the judgment and- an order denying new trial, defendant…