Smith v. Lewis

OPINION

Harnsberger, Justice.

The plaintiff Smith, a licensed real estate broker, sued defendant Lewis to recover a broker’s commission for the sale of Lewis’ property, basing his claim upon an express oral employment agreement and upon the value of services rendered. Judgment was in favor of Lewis, and Smith appeals, claiming the evidence was insufficient to sustain the judgment, and that as a matter of law, the evidence does not support the judgment. While recognizing the rule that under such circumstances this court will consider only undisputed evidence and evidence most favorable to the…