Jackson v. Martin

This is an appeal from a judgment for $435 in favor of W. A. Martin and against J. H. Jackson. For cause of action plaintiff alleged that about January 1, 1918, defendant listed with him for sale his farm of 87 acres at an agreed price of $80 an acre, and agreed to pay as commission all the excess over $80 which plaintiff could sell the land for; that he found a purchaser ready, willing, and able to buy at $85, and that defendant refused to sell. Defendant answered by general demurrer and general denial.

At the close of the testimony the court prepared and submitted to the parties a general…