Avery v. Howell

Citations

• 102 Kan. 527
• 171 P. 628
• 1918 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agent’s Commission — Exchange of Property — Evidence—Findings. There was evidence sufficient to compel the submission of the defense to the jury, and to sustain the verdict and judgment for the defendants.</p> <p>2. Same. There was evidence which tended to support each of the findings of fact made by the jury.</p> <p>3. Same — Action for Com,mission — ■Shifting Ground of Defense. Before this action was commenced, the defendants gave a certain reason for refusing to perform a contract for the exchange of property. In their answer they pleaded that reason with others. There was evidence which tended to prove the truth of the reason first given. That evidence was sufficient to support the verdict and judgment for the defendants.</p> <p>4. Same — Competent Evidence Withdrawn. A judgment will not be reversed on account of the withdrawal of competent evidence, where it does not appear that the complaining party was injured by that withdrawal.</p> <p>5. Same — Competent Evidence■ — Insolvency. Evidence of judgments for the recovery of money is admissible where the insolvency of a judgment debtor is one of the issues presented.</p> <p>6. Trial — Impeachment of Witness. Where a witness has been called by all the parties to the action, cross-examination which tends to impeach the witness is within the sound judicial discretion of the trial court.</p> <p>7. Trial — Requested Instructions — Refusal Not Error. There is no substantial merit in the complaint concerning the refusal- of the court to give requested instructions, nor in the complaint concerning the instructions given.</p>