Squires v. Kilgore

Ellis, C. J.,

dissenting. — I think the judgment in this case should be reversed.

The declaration is upon a verbal contract to employ the plaintiff to secure for the defendant a purchaser for a certain tract of land at the price of $33,000.00 of which $3,000.00 were to be paid in cash and the balance of the deferred payments to bear interest at the rate of 8 per cent per annum. The plaintiff was to receive a commission of 5 per cent upon the price.

The first count of the declaration alleges that the plaintiff secured a purchaser who was ready, able and willing to buy upon the terms and at the…