Smith v. Beeler

Plaintiff, a real estate dealer, sued defendant, D. L. Beeler, for breach of contract to conclude an alleged agreement to purchase a farm of one Cartwright, which he had for sale. The damages were alleged to be in the sum of $325, being the commission he would have made had Beeler concluded the purchase.

The. suit originated before a Justice of the Peace. The defense was an oral agreement that the contract was not to be binding, unless the defendant Beeler could borrow the money to make the cash payment, etc. The Justice of the Peace sustained the plaintiff’s action and gave him a judgment…