Boggs v. McMickle

This is an action brought by plaintiff in error, who was plaintiff below, to enforce payment of a real-estate broker’s commission alleged to be due pursuant to the terms of a contract, under which defendant in error, defendant below, listed real estate owned by her for sale by the plaintiff. We will herein refer to the parties as they appeared in the trial court.

Plaintiff in his complaint alleges in substance that on November 5, 1947, he and defendant entered into a contract under which plaintiff was authorized to sell certain real estate and other property owned by the defendant; that while…