Garvin v. Gordon

The appellee sued appellants in the district court of Torrance county for a balance of $265 claimed to he due him as a commission for bringing about a sale of the latter’s farm. He pleaded an express agreement to pay him as compensation for such services 5 per cent. of the sale price of $6,000, alleged a payment of $35 on account thereof, and claimed a balance due in the amount above stated'.

The trial produced only one controverted issue of fact between the parties going to the cause of action, and that as to whether payment of the commission was conditioned upon the purchaser fulfilling the…