Willingham v. Thompson

BOND, Chief Justice.

This appeal is from a judgment in favor of appellee, .John C. Thompson, for real estate commission for the sale of a tract of land belonging to the estate of Mary Estol Sherman, deceased, being administered by Guy E. Willingham, as independent executor. Appellant will be designated herein as defendant and appellee as plaintiff, as in the trial court.

Plaintiff alleged sufficient grounds for recovery of the commission, if sustained by proof. The ultimate question turns upon whether the plaintiff had a contract with defendant as will- support a recovery, and, if so, whether…