Kelton v. Baker

HARWOOD, Judge.

This appellant, a real estate broker in Cullman County, was the plaintiff in the suit below. Recovery was sought on the common counts for recovery of a broker’s commission for the sale, or procuring of a purchaser, of certain real estate owned by the defendant in Cullman County.

The pleading was in short by consent.

At the conclusion of the evidence, and after both sides had rested, the court gave to the jury the general affirmative charge with hypothesis in favor of the defendant (appellee).

The action of the court in this regard is determinative of this appeal..

In the trial…