Wenkheimer v. Hager

The opinion of the court was delivered by

Harvey, J.:

This is an action for a real-estate commission. The defendant prevailed, and plaintiff has appealed.

Plaintiff had formerly been in the real-estate business, but was living on a farm at the time the matters arose which give rise to this controversy. He had known defendant for many years and knew his land. On June 20, 1927, plaintiff and defendant had a conversation in which defendant listed with plaintiff for sale a quarter section of his land. This listing contract was in parol, and the real controversy between the parties was with respect…