Torian v. Hibbs'

Opinion op the Court by

Judge Moorman —

Reversing.

T. H. Torian is seeking to recover a judgment for $5,343.75 in this action, for 'commissions alleged to have been earned in procuring a purchaser for the farm ¡of L. C. Hibbs. The suit was filed against Hibbs but be died after it w’as instituted, and it was revived and is now being prosecuted against Ms executrix.

The petition ¡alleges that Hibbs -employed the plaintiff to sell a farm in McCracken county, and agreed to pay him, as -commission for making the ¡sale, all over $18,000.-00 for which the farm was sold. The ¡action rests on a written…