Phillips
Leo G. McLaughlin Co. v. Phillips
Opinion
lead Opinion
Conrey, J.
to recover on a contract to pay a commission of one thousand dollars for services rendered in procuring an exchange of real property of defendants for other real property. Judgment for the defendants, from which the plaintiff appeals.
Appellant contends that the findings “are not supported or justified by the evidence.” The record being presented by means of a reporter’s typewritten transcript and there being no definite specifications therein, nor in the briefs, showing the particulars wherein the evidence is claimed to be insufficient, the court might be well justified in declining to frame for appellant the definite specifications of insufficiency of the evidence which should have been presented. However, to the extent that we are able to do so, we have endeavored to ascertain the merits of the case.
The last paragraph of finding II reads as follows: “That it is not true that on or about June 1st, 1917, or at any other time, said defendants promised and agreed in writing to pay to plaintiff the sum of $1000.00, or any other sum, as commission for its services, providing the plaintiff could find and produce the owner of certain other property secondly described in said…