Stoker v. Torson

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from a judgment of $450 recovered by the plaintiff as commission for the sale of real estate belonging to the defendant, and the errors assigned concern the introduction of the evidence, the giving of instructions and a question of procedure. The issues raised by the pleadings were that of agency, listing of property for sale, and authority of plaintiff under a city ordinance to act as agent and collect commissions.

After the demurrer to plaintiff’s evidence had been overruled the deposition of the defendant was…