Harbolt v. Hensen

Action by Ira S. Harbolt against William E. Hensen on a contract for the recovery of a real estate broker’s commission. From a judgment in favor of plaintiff, defendant has appealed.

The complaint alleged that, “by an instrument in writing” defendant employed plaintiff to find a purchaser or “trader” for his ranch and agreed to pay a commission of five per cent on the first $100,000 and one and one-half per cent on any excess of that amount “of the selling or trading price”; that plaintiff negotiated a deal whereby defendant received and accepted other property for his ranch, and that the…