Simpson v. Mooney J. Sherman & Son Co.

SPEER, Justice.

Appellees, Mooney J. Sherman & Son Co., a co-partnership and licensed, real estate dealers, sued appellant, O. H. Simpson, for five per cent brokerage for sale of real estate. The action was predicated upon a written contract of listing with appellees by appellant.

The instrument sued on, referred to by all parties as the listing contract, is a form printed on a card 4x6 inches, containing many printed words, leaving .blanks to be filled. The printed part contains the names of appellees as if printed for their use. Only a small part of the blank was adhered to. The price is…