VAN ANTWERP v. DENT-TURNER CO.

VAN ANTWERP v. DENT-TURNER CO.
1926 OK 338
245 P. 629
117 Okla. 135
Case Number: 16527
Decided: 04/06/1926
Supreme Court of Oklahoma

VAN ANTWERP
v.
DENT-TURNER CO.

Syllabus

¶0 Appeal and Error--Review--Sufficiency of Evidence in Law Action Tried to Court. Where an action at law is tried to the court without the intervention of a jury, the judgment of the court will be given the same weight, force, and effect as a verdict of a jury, and if there is competent evidence reasonably tending to sustain the judgment, it will not be disturbed by the Supreme Court on appeal.

W. O. Craig, for plaintiff in error.
Davidson & Williams, for defendant in error.

RUTH, C.

¶1 The parties will be designated as they appeared in the trial court. Plaintiff alleges defendant listed a certain house in Tulsa known as No. 1302 South Florence street, with the plaintiff, licensed real estate dealer in Tulsa. The house was priced at $ 6,000, and defendant agreed to pay the customary commission or brokerage charge, which was 5 per centum on the first $ 5,000, and 2 1-2 per centum on all above that amount. That plaintiff was the procuring cause of the sale of the house to A. Clark, and plaintiff prays judgment in the sum of $ 275, with interest from May 6, 1924. The answer was a general denial. The cause was tried to the court, and judgment rendered for plaintiff, and defendant appeals, and assigns seven specifications and argues them under one proposition, to wit: "Were the plaintiffs the procuring cause of said sale?" It was not controverted that defendant listed the property with plaintiff, that the selling price was $ 6,000, and that plaintiff was to receive the usual commission if it procured a purchaser.