Lockett v. Drake

Frances Humphreys Lockett, hereinafter called plaintiff, brought suit against L. W. Drake and National Union Indemnity Company, a corporation, to recover from Drake a certain sum paid him as commission upon a realty transaction in which he was the broker. The case was tried to the court, and, judgment being rendered in favor of defendants, this appeal was taken. The sole question is whether on the facts, which are not seriously in dispute, the court was correct in its judgment as a matter of law. These facts may be briefly stated as follows:

In 1931 plaintiff was the owner of certain real…