Dillon v. Folsom

Citations

• 5 Wash. 439
• 32 P. 216
• 1892 Wash. LEXIS 91

Syllabus

<p>ACTION POR COMMISSION — EVIDENCE — WEIGHT OP TESTIMONY-UNWARRANTED VERDICT —HARMLESS ERROR.</p> <p>In an action to recover commissions for the sale of real estate, defendants may, under the general issue, show that plaintiff was in the employ of the purchasers, and receiving compensation from them, for the purpose of discrediting his testimony as to the making of the contract upon which suit was brought.</p> <p>Where there is a conflict in the testimony the verdict of the jury will not be disturbed, although, in the opinion of the court, a preponderance of the testimony may be on the other side.</p> <p>In an action against a hnsband and wife to recover real estate commissions, in which a judgment of non-suit had been rendered in favor of the wife, a verdict for both defendants is harmless error where plaintiff is not deprived of any substantial right, and has failed to except to the verdict when rendered.</p>