Avery v. Baird

The opinion of the court was delivered by

Burch, J.:

The action was one by a real-estate agent to recover a commission for the sale of a tract of land. The plaintiff recovered, and the defendants appeal.

The plaintiff pleaded that he sent the defendants the following telegram: “Think I can close deal on McKenzie quarter $3,100 cash net to you. Wire answer.” The defendants replied as follows: “Will sell McKenzie quarter thirty-one hundred cash net to us.” Pursuant to these telegrams, the plaintiff negotiated a sale of the land for $3,400, which the defendants received. The defendants refused to…