Smith v. Zell

Opinion by

Porter,

This is an action by a real estate broker to recover commissions upon a sale of real estate, alleged to have been made through his agency. The employment of the plaintiff was oral, his agency was not exclusive and the fact that the owner had already placed the property in the hands of another real estate agency for sale was, at the trial, not disputed. The trial resulted in a verdict and judgment in favor of the defendant and the plaintiff appeals.

We have in this case seventeen assignments of error, the majority of which refer to recitals of fact by the judge in his charge.…