Young v. Newbold

*395The opinion of the court was delivered by

Dawson, J.:

The plaintiff recovered judgment from the defendant for a real-estate dealer’s commission on the sale of certain Decatur county lands, and defendant appeals.

The facts are briefly these: In March, 1919, defendant Newbold and wife listed with plaintiff 240 acres of land for sale at a net price of $23 per acre, totaling $5,520, with the understanding that plaintiff should have as his commission all he could get above that price. This listing agreement was in writing and covered certain details touching a mortgage on the property, an interest in…