Swinebroad v. Foster

Opinion op the Court by

Judge Clay —

-Granting appeal and reversing.

Hays- Foster, J. W. Rochester and K. S. Alcorn, who owned a farm and some town lots, employed G. B. Swine-broad and W. ,E. Moss, real estate agents, to sell tbe property at public auction and agreed to pay them a commission of five per cent, if there .was a -sale, but only $250.00 if no sale was made. The property was cried at public auction on February 11, 1919, and James Stringer became tbe purchaser of tbe farm at tbe p-rice of $8,500.00, and tbe town lots at the price of $2,125.00. On the same day the owners entered into a…