Ducommun v. Johnson

This is an action for collection of a real-estate commission. Plaintiff is a licensed real-estate broker and auctioneer at Laurens in Pocahontas County. Fred Rouse died leaving ten children, who inherited his property in equal shares. Defendants are two of the children. At his death he was the owner of a farm of 160 acres in Palo Alto County.

The children 'all desired to sell the farm, and authorized the two defendants, as their agents, to enter into- a written agreement with plaintiff to sell the farm at public auction. The contract provided the farm should not be sold for less than $350 per…