Kennedy v. Hart

The defendant in error, a real estate agent, commenced this action against the plaintiff in error to recover a brokerage commission on the price for which a farm belonging to the latter was sold.

The parties will hereinafter be referred to by their trial court designations of “plaintiff” and “defendant.”

The agreement herein sought to be enforced is an oral one which the parties entered into in November or December, 1936. As far as concerns the issues dealt with herein, the only promise that the defendant made was that if the plaintiff “could get $15,000” for the farm, he would pay him “5% of…