Klepper

Plaintiff sued to recover damages for breach of an oral contract. The cause was tried before the court sitting without a jury and resulted in a judgment for the plaintiff for $9,459.48, with interest thereon from the twenty-fourth day of February, 1926. The defendant appeals upon typewritten transcripts.

The first attack upon the judgment is that the amended complaint fails to state a cause of action. The case pleaded by the plaintiff is a simple case of an oral contract wherein the principal agrees with a broker that the broker shall undertake to negotiate with a third party for the sale by the principal to such third party of personal property, the broker to receive his compensation directly from the third party out of the proceeds of the sale. Here the plaintiff, who was the broker, pleads the terms and conditions of the contract with the defendant, who was the principal, and founds his cause of action on defendant’s failure to make delivery of the property to the third party in accordance with the terms of the contract which was executed between the defendant and such third party. The action is plainly an action for damages for breach of contract—damages made certain by the…