McDonald v. Ortman

The judgment in this case must be reversed, for the admission of incompetent and immaterial evidence.

1. Plaintiff was a land broker, whose principal business was the sale and purchase of land for others upon commission. The declaration contains a special count setting forth an express contract for the sale of certain of defend- . ant’s lands for the sum of $50,000, and that defendant ■ promised that in case plaintiff should sell said lands, or be 'instrumental in procuring a purchaser therefor if the lands should be sold, the defendant would pay the plaintiff a -commission on such sale of 5…