Gleichenhaus v. Pratt

The opinion of the court was delivered by

Jackson, J.:

The appellant, a realtor, brought this action against appellee-defendant claiming that defendant owed plaintiff a real estate commission. The trial court sustained a demurrer to plaintiff’s evidence and he appeals.

The trial court remarked when sustaining the demurrer that plaintiff had failed to prove any contract for such a commission.

We have a motion to dismiss the appeal based upon the fact that the transcript was not filed with the clerk of the district court all as provided by G. S. 1949, 60-3311. Plaintiff filed the transcript as soon…