Melzner v. Toman

This is an action to recover a broker’s commission upon the sale of real estate.

The plaintiff is a real estate dealer in Mandan, in business for some twenty years. The defendant, the owner of the house and lot involved, filled out a blank form of agency furnished by the agent, which written agreement after describing the real estate, says:

“In consideration of the expense of advertising and making efforts to sell said land I hereby appoint and engage John Melzner, of Mandan, N. Dak., my exclusive agent to procure a buyer for me for said real estate for the sum of $2,600, Twenty Six Hundred, or…