Trentman v. Keach

The opinion of the court was delivered by

Hutchison, J.:

The defendant in this case appeals from the order of the trial court overruling his demurrer to the petition of the plaintiff.

The action is for an accounting and is based upon two contracts made between the plaintiff and the Merriman heirs concerning the sale of the land belonging to such heirs upon a specified commission. Both contracts name the defendant as the agent of the Merriman heirs. The plaintiff alleges that the terms of the contracts in making the defendant the agent of the heirs'of Merriman make such agent a trustee for the…