McCudden v. Brockmeyer

Two grounds are assigned by counsel for plaintiff as a reason for setting aside the verdict of the jury in favor of the defendant and for granting a new trial herein, to-wit, the giving of two special charges which counsel for plaintiff excepted to at the time..

The first special charge is as follows-.

“If you find from the evidence that McCudden acted as agent for both Pieper and Brockmeyer in the sale of the latter’s property, and if you find that this was not. known to and assented to by both Pieper and Brockmeyer, I charge you to return a verdict for the defendant. ’ ’

This action is based…