Montgomery v. Slater

*849The opinion of the court was delivered by

Porter, J.:

The appellee sued to recover a commission for the sale of a tract of land owned by appellants. The jury returned a verdict against appellants for $4475.44. The only question involved in the appeal is whether the appellee had the right under his contract with appellants to sell the land in bulk. The written contract which authorized appellee to procure a purchaser, after reciting that the appellants had become the owners of a tract of land consisting of 428 acres, contained provisions as follows:

“Parties of the first part wish and desire" to…