Abel v. Hounsom

The opinion of the court was delivered by

Marshall, J.:

This action is to recover a real-estate agent’s commission. Judgment was rendered in favor of the plaintiff, and the defendant appeals.

1. The defendant argues that the court erred in holding, on the introduction of evidence, and in instructing the jury, that the plaintiff’s allegation in the petition that the plaintiff was orally employed by the defendant to find a purchaser for certain real property was admitted by the answer. The petition of the plaintiff alleged “that on the 19th day of March, 1918, he was orally employed by E. E.…