Owen v. Spangler

The opinion of the court was delivered by

Porter, J.:

The action was to recover a real-estate agent’s commission. The court tset aside a verdict for the plaintiff and granted a new trial. The plaintiff appeals.

John Spangler owned 320 acres of land in Lane county. He lived at Ness City. He listed the land with the plaintiff for sale at $35 an acre on terms of $4,500 cash, balance in four years at seven per cent interest. There was no dispute about the material facts in the case. The plaintiff’s evidence' showed that on April 21 he procured one G. L. Cremer to inspect the property and Cremer made…