Epes' Administrator v. Hardaway

This was an action of assumpsit to recover commissions for the sale of standing timber wherein there was a *83judgment for the plaintiff, and the defendant assigns error.

The contract on which the action is found is as follows :

“CEDAR GROVE.

“650 acres land, near Nottoway Falls. Improved road on both sides. Fine stock, grass and grain farm. Old fashioned brick mansion. Estimated timber, four million feet. Price $35,000.00. Terms reasonable.

“Timber alone, without land, price $20,000.00.

“Commissions 10%.

“T. F. Epes.

“Agt. for Mrs. J. S. Epes.

“To J. S. Hardaway.”

The contract sued on was made solely…