Supreme Court of Oklahoma, 1915

Lutee v. Stumpf

Lutee v. Stumpf
Supreme Court of Oklahoma · Decided May 25, 1915 · Brett
149 P. 210; 46 Okla. 620; 1915 OK 353; 1915 Okla. LEXIS 1224

Lutee v. Stumpf

Opinion of the Court

BRETT, C.

This action was commenced in tbe justice court in Oklahoma City by tbe plaintiff in error, who was plaintiff below, against tbe defendant in error, who was defendant below.

The petition alleges that the plaintiff was engaged in the real estate and brokerage business, and, as such, brought about an exchange of real estate for the defendant, for which services the defendant agreed to pay plaintiff a commission of $114; that defendant refuses to pay said sum, and plaintiff prays for judgment for that amount. The cause was tried in the justice court and appealed from that court to the county court of Oklahoma county, and tried to a jury, which found for the defendant. Judgment was rendered in favor of the defendant, and the plaintiff has perfected his appeal to this court. The case was filed in this court August 1.9, 1913.

Plaintiff filed his brief April 19, 1915, and on that date defendant was allowed 15 days in which to file a reply brief. And, although the time has long since elapsed, no brief has been filed by the defendant, no request made for additional time, and no reason assigned for his failure to file brief.

Plaintiff' insists upon three assignments of error*, and we have examined the record and brief of plaintiff, and find his contention reasonably sustained by his brief.

We recommend the judgment be reversed, and the cause remanded.

By the Court: It is so ordered.

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