106 Miss. 31
Decided October 15, 1913
Mississippi Supreme Court · decided 1913-10-15
HoN. W. A. HeNry, Judge. Suit by A. D. Offutt against O. P. Barrett and others. Prom a judgment for defendants, plaintiff appeals. Appellant brought suit against appellees for commissions as a real estate broker on the sale of certain lands. He testifies that appellees listed the land with him and other real estate dealers for three thousand dollars, and agreed to pay a commission of five per cent, to the dealer in case of a sale.
Decided 1913-10-15
¶1delivered the opinion of the court.
¶2Upon the trial of this case when the plaintiff and defendants had both rested, the court instructed the jury to find for the defendants. We think the court erred in doing this. The record discloses a clear conflict in the testimony for the plaintiff and defendants. We cannot say that the evidence adduced would not be sufficient to uphold a verdict for the plaintiff. We believe that the case should have been submitted to the jury.
¶3Reversed and remanded.