Gould v. Stewart

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover a commission for the sale of the defendant’s farm, alleging a verbal agreement and understanding that he was to have two and one-half per cent commission, and thereafter a written contract to the same effect, a copy of which was set out. The petition alleged that the plaintiff found a purchaser ready and able to complete the deal but the defendant refused to perform his part, of the contract.

The answer denied such failure and refusal and alleged that the agreement was to pay a commission of $400 provided the trade…