Kelly v. Cotner

This action -was brought by Paul S. Cotner, as plaintiff below, against E. J. Kelly, as defendant below, to recover the sum of $1,000, on two causes, of action set out in the petition; the first being for the sum of $500, based upon a check for that amount, executed and delivered to the plaintiff by the defendant, payment of which was stopped by the defendant, and the second being for the sum of $500 for commission alleged to be due the plaintiff for the sale of a certain oil lease owned by the defendant.

When the case was called for trial, and before the jury was impaneled, the defendant…