Pyle
Pyle v. Benjamin
Opinion
Lead Opinion
Jamison, J.
Respondents, as real estate agents, recovered judgment against appellant for $600, $500 of said judgment being for commission on the exchange of real estate and $100 for attorney’s fees. From this judgment appellant has appealed.
It appears from the evidence that about the first day of October, 1926, appellant called on respondents at their office and told them that he had a tract of land which he desired to sell or exchange. Through the efforts of respondents a party was found, a Mr. Fred C. Feltz, who was willing to exchange some land he owned for that of appellant, and thereafter, on October 25, 1926, appellant and said Peltz entered into a contract for the exchange of certain tracts of land owned by each, respectively, the exchange to be completed by November 1, 1926. Thereafter, a new contract was entered into between them, extending the time for completing the exchange to November 15, 1926. By the terms of these contracts respondents were made the joint agents of appellant and Peltz in the said matter of exchange, and it was therein provided that upon both appellant and Peltz signing the contracts, they would pay respondents a commission of $800, appellant’s share thereof…