Evans v. Heaton

MORIARTY, C.

The appellant brought this action to recover the sum of $1,040, which he alleges to be due to him from respondents as commission for finding a purchaser for 1,040 acres of land owned by respondents.

The complaint alleges the listing of the property with appellant, an agreement to pay $1 per acre commission for the finding of a purchaser on the terms of the listing, the production of a purchaser ready, willing, and able to purchase on those terns, the refusal of respondents to sell, and their failure to pay the agreed commission. The case was tried to a jury, and the record shows…