Freckman v. Taylor

Opinion op the 'Court by

Judge Latimer

Affirming.

Appellee, John Taylor, in a claim.for real estate broker’s commission, recovered judgment against appellants. From that judgment this appeal is. prosecuted.

Appellants state that there are two questions involved, namely: “1. Did the trial court err in failing to peremptorily instruct a verdict for the plaintiff? 2. Is the verdict of the jury flagrantly against the weight ■of the evidence?” It is obvious that the combined questions present only one, for if the evidence was not sufficient to support the verdict, then a peremptory instruction should…