Smith v. Aultz

Jackson, C.

It is alleged, in effect, in the plaintiff’s petition that the parties waived a written contract and entered into a verbal agreement, by the terms of which the defendant agreed to accept the net sum of $2,200 for certain lands, and that the plaintiff was to accept in full payment for his services for the sale of the land all that the land might be sold for above the said sum of $2,200; that the plaintiff procured a purchaser, to whom the defendant sold the land for the sum of $2,500, of which sum the de*454fendant had paid to the plaintiff; $100, and no more, and that he refused to pay…