Phelps v. Prusch

Hayne, C.

This was an action to recover $1,160.75 as broker’s commissions for negotiating a sale of real property. The trial court gave judgment for the plaintiffs, and the defendant appeals.

The evidence is not brought up, and the findings must therefore be taken to correctly set forth the facts of the case, which are as follows:—

The defendant authorized one Dunn, the assignor of the plaintiffs, to sell a tract of land then possessed and claimed by defendant, at a price not less than $23,125, and promised in writing that he “ should receive from defendant, as commissions for making such sale,…