Orr v. Schwager & Nettleton, Inc.

Citations

• 74 Wash. 631
• 134 P. 501
• 1913 Wash. LEXIS 2103

Syllabus

<p>Continuance — New Trial — Grounds—Surprise. It is not ground for a continuance or a new trial that plaintiff was surprised by tbe testimony of one of tbe opposing parties, called by him as a witness to prove one of tbe issues, who testified substantially as be bad pleaded, and any newly discovered evidence would merely impeach or discredit tbe witness.</p> <p>Brokers — Commissions—Contract — Evidence — Sueetcienct. In an action to recover a broker’s commission on tbe sale of corporate stock, a nonsuit is proper, where tbe weight of tbe evidence was to tbe effect that a commission was’ to be paid by others than tbe defendant, and only in case a sale was made in excess of fifty per cent of tbe par value, but that no such sale was made, and that tbe defendant was not interested in tbe sale and bad not agreed to pay tbe commission.</p>