Supreme Court of Colorado, 1909

Ferguson v. Durkee

Ferguson v. Durkee
Supreme Court of Colorado · Decided September 15, 1909 · Gabbert, Hill, Steele
46 Colo. 334

Ferguson v. Durkee

Opinion of the Court

Chief Justice Steele

delivered the opinion of the court:

The plaintiff brought his action in the justice court, where he recovered a judgment, but upon appeal to the county court, the defendant was. successful.

The plaintiff sought damages for failure of the defendant to pay him a commission, alleging that he *335was employed by the defendant to procure a purchaser for certain real estate; that he found a purchaser, and that the sale was consummated through his efforts.’ If the plaintiff’s testimony had been duly accredited by the court, a judgment would probably have been rendered in his favor; but the court found against him, and as all the material facts stated in plaintiff’s testimony were denied by the defendant, the judgment will be affirmed.

Affirmed.

Mr. Justice Gabbert and Mr. Justice Hill concur.

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