Minter v. Shearer

The opinion of the court was delivered by

Burch, J.:

The action was one to recover a real-estate agent’s commission. Plaintiff prevailed, and defendant appeals.

The petition alleged that defendant employed plaintiff to assist in effecting a trade of plaintiff’s land for a stock of goods, and that, pursuant to his employment, plaintiff performed service whereby the trade was consummated. The answer alleged, in effect, that plaintiff lacked capacity to sue because he had not paid a city license tax upon real-estate agencies and agents. The reply alleged that before the action was commenced…