Smith v. Treacy

Opinion op the Court by

Morris, Commissioner

Affirming.

Appellee was a licensed real estate broker in Lex ington; Wyatt was his agent. Appellant owned a 220 acre farm in Bourbon County. In October, 1938, according to Wyatt, at the sale of another farm Smith agreed that he would sell at $225 per acre. Wyatt told him the commission on sales outside Fayette County would be 5%, and the farm was listed. Wyatt learned that Davis was in search of a farm and contacted him in January, 1939. He and Davis visited and looked over the farm, and Davis proposed to pay $200 per acre. Smith was then in Florida…