Svestka v. Pell

HOOD, Chief Judge:

This is an action on a promissory note in the sum of $5,000, given by defendants (now appellants), to plaintiff (now appel-lee). Appellee, a real estate broker, negotiated for appellants the sale of two properties and for his services they paid him $15,000 and gave him the note here sued upon.

When the case came on for trial, before any testimony was received, certain facts were admitted or stipulated in the course of the opening statements and through questioning of counsel by the court. These facts were that the listing agreement between the parties, providing for the…