Stitt v. Buist

The opinion of the court was delivered by

Burch, J.:

The action was one to recover a real-estate agent’s commission. A demurrer was sustained to the plaintiff’s evidence, and he appeals.

The plaintiff pleaded he was employed to sell the defendants’ land, and did sell it at the agreed price, whefeby he earned the stipulated commission. The proof was the plaintiff found a person *260whom he believed would buy, and solicited the defendants to sell. The defendants responded by telegram, which specified the conditions upon which the plaintiff might act. He was to contract a sale on definitely stated…