Kennerly v. Sommerville

This is an action to recover commissions, alleged to have been earned by the plaintiff in being instrumental in effecting an exchange of defendant’s real estate for other real property. As the main question arises touching the form of the action, and whether there was an entire failure of proof to substantiate the cause of action, we mention the following allegations of plaintiff’s petition bearing on that question:

The petition charges that, the defendant, being the owner of certain real property, employed plaintiff to procure a purchaser for the same; that it was then and there agreed that…