Patee v. Moody

The opinion of the court was delivered by

Hoch, J.:

This was an action by a real-estate broker to recover a commission. The plaintiff prevailed and the defendant appeals. *199Appellant’s principal contention is that the evidence was insufficient to establish a contract of employment, either express or implied, between the parties, and that his demurrer to the plaintiff’s evidence should have been sustained. Appellant contends, further, that the court erred in overruling his motion to withdraw the case from the jury and to dismiss the jury because of misconduct of counsel for the plaintiff in his…