Hofgesang v. Silver

Opinion of the 'Court by

Commissioner Sandidge

Reversing.

This is an action by appellee, H. J. Silver, a real estate broker, to recover from appellant, Joseph C. Hofgesang, Jr., $950, broker’s commissions, for procuring a purchaser for a farm owned by appellant. Upon the trial below appellee recovered the full amount sued for, and appellant has appealed.

Appellant interposed as a defense to the cause of action sued upon the fact that the contract under which appellee sought to recover the broker’s commissions was executed by them on Sunday. The trial court sustained a demurrer to this paragraph…