Ohio Circuit Courts, 1910

Smith v. Geis

Smith v. Geis
Ohio Circuit Courts · Decided July 9, 1910 · Giffen, Smith, Swing
22 Ohio C.C. Dec. 666

Counsel

Joseph A. Keadin and Gilbert Bettman, for plaintiff in error., Fred E. Niederlielman, for defendant in error.

Smith v. Geis

Opinion of the Court

GIFFEN, P. J.

In an action to recover commission under a written contract with a real estate- agent whereby he is allowed a commission in the event the property is sold through the efforts of the agent, owner, or any other person during the existence of the contract at any price acceptable to the owner, parol testimony is inadmissible to show a contemporaneous agreement to except a sale made to a certain prospective purchaser from the operation of the contract.

Judgment reversed and judgment for plaintiff in error.

Smith and Swing, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.