Brotton v. Dawson

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover a real-estate agent’s commission, originally filed in the city court at' Wichita and appealed to the district court. From an adverse judgment the de*45fendant, Dawson, appeals and assigns as error (1) the overruling of his demurrer to plaintiff’s evidence; (2) the giving of erroneous instructions; (3) the overruling of his motion for a new trial; and (4) the rendering of judgment for the plaintiff. In his brief appellant restates the questions involved as, (1) Was Brotton the agent of appellant for the sale or…