Casey v. Murphy

The plaintiff brought this action to recover a commission upon the sale of certain timber land. The cause came on for trial before the court and a jury. At the conclusion of the plaintiff’s evidence, the defendants moved for a dismissal on the ground that the action had been prematurely brought. This motion was sustained. The plaintiff moved for a new trial, and the motion was granted as against the defendant Joseph Murphy and denied as to the defendant Stuart D. Barker. From the order granting a new trial, Murphy appeals.

The only question for determination is.whether the action was…