Schwabe v. Estes

This is a suit for a real estate broker’s commission. There was a verdict and judgment for the defendant. Plaintiffs have appealed, complaining of instructions given on behalf of defendant.

There was evidence on the part of plaintiffs that on or about February 4, 1918, plaintiffs and one Frazier, being auctioneers, went to see the defendant for the purpose of buying his personal property or being employed to sell it as auctioneers; that at that time defendant listed his farm of 397 acres with plaintiffs to be sold by them for $100 per acre and agreed to pay plaintiffs a commission of two and…