Smith v. Brinson

On the trial of an action for damages for fraud and deceit the plaintiff alleged in his petition that the defendant was in “the real-estate business, . . and plaintiff employed defendant as his agent to sell” certain land owned by him “for not less than one thousand dollars, and agreed to pay five per cent, commission on the sale of .the same.” A few days thereafter, defendant told plaintiff that he had a “purchaser at the sum of one thousand dollars, but that said purchaser was not in a position to pay for it then, but this defendant in order to bind the bargain would pay the petitioner one…