Smith v. Graham

Opinion by

Cunningham, J.,

This is an action of assumpsit to recover $500 as commission for procuring a purchaser for certain standing timber. At the conclusion of the trial, plaintiff’s counsel dictated on the record an oral request for binding instructions, but did not present a written point. The trial judge refused the request and the jury returned a verdict for defendant. Subsequently the court below granted plaintiff’s motion for judgment n, o. v. and tins appeal by defendant followed.

The order of the court below entering judgment n. o. v. was improper since plaintiff made no request in…