Miller v. L. C. Fulenwider, Inc.

Opinion by

Mr. Justice Day.

We will refer to the parties by name or as they appeared in the trial court, where Miller was defendant in a suit by Fulenwider to recover a broker’s commission. Trial was to the court upon the conclusion of which elaborate findings were made and judgment entered for the plaintiff in the sum of $75,000.00. The defendant is here by writ of error, seeking reversal.

By its complaint plaintiff alleged that on August 2, 1955, defendant Miller orally employed plaintiff to procure a purchaser for his stock in Miller’s Super Markets, Inc., that pursuant to such agreement…