Brigham v. Carpenter

The opinion of the court was delivered by

Dawson, J.:

This was an action for a real-estate agent’s commission on the sale of a.farm. The service was performed, and the only dispute was over the amount of the commission. The farm was sold for $57,300, and the plaintiff demanded — “the usual and ordinary commission . . . five per cent on the first thousand . . . and two and one-half per cent on the remainder. . . . $1,457.50.”

*105Defendant answered that he had an agreement with the plaintiff that the commission should be two per cent of the sale price, $1,14&, and that he had sent his check to…