Kupfrian Park Co. v. Runcie
Kupfrian Park Co. v. Runcie
Opinion of the Court
Adams, J.
The complaint sets out a copy of the contract, and alleges that by the terms thereof appellee was to receive for his services ten per cent of all sales made through his agency; “that there was made through the agency of the plaintiff, under said contract, a sale of real estate to Pitt Y. McCoy, in the sum of $1,000, and for which plaintiff is entitled, and defendant is indebted to plaintiff in the sum of $100, which amount is due and wholly unpaid.”
A demurrer for want of sufficient facts was overruled to this complaint. Trial was by the court, and finding for appellee. Motion in arrest of judgment overruled, and; judgment for appellee in the sum of $100.
■ It is contended that the complaint is insufficient to state a cause of action. It is challenged by a demurrer and by a motion in arrest of judgment. These are the only questions presented upon appeal.
The complaint avers that appellee, under the terms of said contract, made a sale of real estate for the sum of $1,000, and is entitled to ten per cent thereof, or $100. It does not appear that the contract was for any certain time, nor was there any stipulation as to when commissions were due. There was no provision as to the amount of real estate appellee was to sell before being entitled to receive his commissions. It is, however, to be inferred that his commissions were due on any amount sold by him, as it was provided that a bonus of five per cent was to be given if the sales amounted to $10,000. Appellee is not claiming a bonus, as the sales made by him amounted to only $1,000. A cause of action is clearly stated in the complaint, and there was no error in overruling the demurrer.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.