Culver v. Smith

This suit was brought to recover a commission of 25 cents an acre, to which plaintiff claims he was entitled because of the purchase by defendant of a quantity of lands and timber. The case was tried before a jury. The plaintiff obtained judgment. The defendant has brought the case here by writ of error.

It is claimed the contract, as stated in the declaration, is so uncei’tain and indefinite the plaintiff is not entitled to recover upon it. The material portion of the declaration is as follows:

“For that whereas, heretofore, to wit, on the first day of September, 1899, the said defendant was…