Avery v. Howell

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs seek to recover a commission from the defendants for effecting, an exchange of property. Judgment was rendered in favor of the defendants, and the plaintiffs appeal. This is the third appeal in this action. (Avery v. Howell, 91 Kan. 297, 137 Pac. 785; Avery v. Howell, 96 Kan. 657, 153 Pac. 532.)

A brief statement of the facts is contained in Avery v. Howell, 96 Kan. 657, 153 Pac. 532. The judgment of the trial court was there reversed for the reason that there was evidence to show that fraud had been practiced on the…