Donahoe v. Casson's Market, Inc.

This is a law action for the recovery of a real-estate broker’s commission. The petition is in two counts: Count I alleges an express contract with defendants. Count II seeks recovery on a quantum meruit theory. Trial was to the court without a jury. The trial court dismissed both counts and from judgment thereon plaintiff appeals.

Two alleged errors are set forth by appellant: (1) The findings of fact and conclusions of law made by the trial court are not supported by the testimony. (2) The court failed to make a finding upon Count II of appellant’s petition.

I. As to the second alleged error.…