Byrd v. Bruce-Jones Live Stock Commission Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover a commission for the locating of certain cattle for a purchaser. Plaintiff prevailed and defendant appeals.

The facts are substantially these: In August, 1924, plaintiff, who resided in New Mexico, received a telegram from defendant asking him if. he was in a position to show them cattle, stating the commission to be paid him and asking him to begin (such service) at once and continue indefinitely. The plaintiff accepted. The contract of employment was contained in letters and telegrams. One Anderson, agent and…