Hunt v. Tuttle

The petition alleges an oral contract of employment to sell the defendant’s property, without any agreement as to the plaintiff’s compensation therefor, and the answer denies the employment. Evidence was introduced on the issue thus tendered, and the court instructed thereon. Another instruction was given, however, as follows : “ If you shall find that the plaintiff has at all times material in this action been engaged in the sale of real estate owned by others on commission; that defendant had knowledge of that fact, and also knew that plaintiff was making efforts to sell said real estate,…