McMahon v. Kirby

Statement.

BLAIR, J.

Appellant sued appellee for the recovery of an alleged brokerage commission due him for procuring purchasers ready, willing, and able to buy two tracts of timber land owned by appellee in Orange and Hewton counties, under an alleged-contract to pay 5 per cent, commission on the sale price thereof. Appellant’s theory of recovery was based upon an alleged contract between himself and appellee, by the terms of which appellant agreed to take prospective purchasers of the timber lands to inspect it and to inform them that other purchasers were bidding, and that the highest…