DeYoung v. Reiling

The opinion of the court was delivered by

Hoch, J.:

This was an action by a real estate broker to recover a commission on the sale of real estate. A demurrer to the plaintiff’s evidence was sustained and he appeals. The only question is whether the trial court erred in taking the case away from the jury.

In testing plaintiff’s evidence as against the demurrer we observe the repeatedly stated rule that only such evidence as is favorable to him can be considered, and that all reasonable inferences to be drawn therefrom must be indulged in his favor (Gabel v. Handy, 165 Kan. 116, 119, 193 P. 2d…