53 Colo. 212 | Colo. | 1912
delivered the opinion of the court:
The suit is for the recovery of $425.00 as a commission upon a claimed sale of real estate. The complaint alleges a sale under contract for a specific commission. The answer admits the contract, but denies that the plaintiff procured a purchaser, aided in the sale or performed any service whatever. Upon trial a jury returned a verdict for $200.00, upon which judgment was duly entered. Defendant brings this case here for review on error.
The case of Burlington Interurban Railway Company v. Chapman, decided May 6th, 1912, where this identical question was determined, is decisive of the like proposition here. Upon the authority of that case, and the following cases therein cited, the judgment is reversed and the cause remanded for a new trial in conformity with the views herein expressed. — Burns-Moore Company v. Watson, 45 Colo. 91; Lenander v. Graves, 45 Colo. 246; Hassell v. Iron Works Co., 36 oClo. 353; and Robinson v. Miller, 4 Colo. App. 313.
Judgment reversed and cause remanded.