Marlatt v. Elliott

The opinion of the court was delivered by

Cunningham, J. :

P. B. Elliot recovered judgment against A. N Marlatt in the sum of $240 for services rendered as a real-estate agent in selling a farm belonging to Marlatt to J. E. Conroy, the recovery being two per cent, of $12,000, the amount for which the land was sold. The theory of the plaintiff upon which he based his right of recovery was that he had brought to the attention of the purchaser the land of the de-. fendant, and that, although subsequently the defendant had himself consummated the sale, still his services had been the procuring…