Dennis v. Walters

Mr. Presiding Justice Vickers

delivered the opinion of the court.

Appellant brought this action of assumpsit to recover a balance which he claims was due him from appellee on commission for making a sale of real estate for appellee. At the close of all the evidence the court directed a verdict for the defendant below, and plaintiff appeals.

The main facts are not seriously disputed. Appellee employed appellant to sell a 166 acre farm, agreeing that if appellee sold it for $67 per acre, to pay $2 per acre commission. Appellant produced William K. Salisbury and on the 11th of July, 1903, a written…