Walker v. Allen

This suit was to recover the sum of $40 claimed to be due the plaintiff as commissions on the sale of real estate. The petition was answered by a general denial, and a trial in the court below resulted in a verdict and judgment for the defendant, to reverse which is the object of this proceeding.. The first assignment of error is based upon the giving of the following instruction: “4. You are further instructed that if you find from the evidence that plaintiff had a customer who was willing to buy it on the terms which he was authorized to sell, then the defendant is liable for the agreed…