Washburn v. Speer

Action brought to recover for a commission alleged to be due and owing plaintiff on the sale of ten thousand orchard heaters. The plaintiff had judgment and the defendant, the Kittle Manufacturing Company, has appealed. The defendant, Charles P. Speer, against whom the judgment also ran, has not appealed.

The appellant’s first contention is that the findings are not supported by the evidence. The court found that the sale of said heaters “was made through the joint efforts of the defendant Kittle Manufacturing Company and the plaintiff, Lowell M. Washburn. That the plaintiff was the first to…