Vining v. Mo-La Oil Co.

Plaintiff sued defendant for $17,500 and interest for commissions on sales of certain oil leases in Louisiana. A verdict for plaintiff for $19,832.08 was set aside on motion for new trial, on the ground that the court erred in giving and refusing instructions, and plaintiff appealed.

Plaintiff had an oral contract of agency with the defendant's treasurer. Mr. McClearn, who wrote plaintiff on August 13, 1919, confirming the terms of the oral contract, in substance, as follows:

"Mr. H.B. Vining.

"Dear Sir:

"Confirming our verbal conversation regarding commissions to be paid you for selling the…