Moran v. Thurman

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by Charles F. Moran and his wife, Edith A. Moran, against J. P. Thurman and John J. Wyatt, brokers, to recover a commission which the latter had fraudulently obtained from them in the sale of real estate which they owned. Upon the evidence offered by plaintiffs the trial court held that it did not establish a cause of action against defendants and a demurrer thereto was sustained. Plaintiffs appeal.

It appears that the plaintiffs owned a half section of land which they listed with defendants to find a purchaser. A…