Campbell v. Wilcoxen

The opinion of the court was delivered by

Hutchison, J.:

This is an action upon a check given plaintiff by defendant for $400 on which payment had been stopped. The defense was want of consideration. The claim of'the plaintiff was that it had been given to him by the defendant for his services as 'a real-estate agent in effecting an exchange of property belonging to the defendant for the Melencamp farm, which the plaintiff had listed on his books for sale at a net price to the owner. The theory of the defendant is that the facts show a dual agency on the part of the plaintiff and therefore he…