42 Kan. 32 | Kan. | 1889
Opinion by
The defendants in error, as plaintiffs, filed their petition in the Harper district court, in which they set forth that they were partners, negotiating sales of real estate and stock ranches in Kansas, and of stock ranches in the Indian Territory; that in August, 1883, they entered into a contract with the defendants as Hammers, Forbes &
We have searched the record to find, either in the pleadings or the evidence, any allegation or testimony upon which we could sustain the judgment, but have been unable to find anything to support it. From both the pleadings and the evidence in the case as presented to us, there should have been a judgment for defendants for costs, or in favor of plaintiffs for 5 per cent, of $37,000 or $40,500. There was no testimony
Under the issues in this cáse and the testimony introduced, there is no foundation for the judgment rendered. We recommend that it be reversed.
By the Court: It is so ordered.