Miles v. Mays

Mays, the appellee, brought suit and recovered judgment against Miles, the appellant, for commission earned in procuring a purchaser for certain real estate in the city of Denver. The property in question belonged to Emma O. Whitsitt, for whom Miles acted as agent.

The proof establishes the fact that Mays furnished a purchaser for the premises in accordance with the terms of his contract with Miles, The affirmative testimony of Mays, supplemented by that of Dr. Eisner, the would-be purchaser, and the admissions of Miles, clearly show that Eisner stood ready to take the property at the pjñce…