Cherry v. Joyce

The opinion of the court was delivered by

Price, J.:

This was an action to recover a real estate broker’s commission under a written listing agreement. At the conclusion of defendant’s evidence the court directed the jury to return a verdict for plaintiff in the sum of $1,475. Motion for a new trial was overruled and judgment being entered upon the verdict, defendant has appealed.

At the outset it may be stated that defendant admitted the execution of the listing agreement but contended, both in his answer and oral testimony, that it was contemporaneously orally agreed between the parties such…