Thompson v. Finch

Plaintiffs seek to recover a real estate commission evidenced by the promissory note in suit. The defense is predicated on the grounds (1) that there was a conditional delivery of the note, and (2) that there was a false and fraudulent representation inducing the execution of the note. An affirmative answer to either of the questions presented by the issues precludes plaintiffs’ right of recovery. (1) Was there-an oral agreement between the plaintiffs and the defendant that the note should not be paid until a condition had been performed, to wit: the full performance of a land sale contract…