Rexford v. Philippi

Action ex contractu wherein plaintiff sought to recover a broker's commission of $10,000 for having procured for defendants a purchaser for the capital stock of defendant corporation, Excelsior Tool Machine Company. At the close of the evidence the court gave a peremptory instruction directing the jury to return a verdict for the corporation defendant, whereupon plaintiff took an involuntary nonsuit as to that defendant with leave to move to set the same aside. The case was submitted to the jury as to defendant Philippi and the jury returned a verdict in his favor. Plaintiff appeals. The…