Clark v. Nessler

Opinion of the Court,

Gary, P. J.

Samuel C. Hessler and Charles H. Leach were partners as real estate brokers, and this suit for commissions seems to be prosecuted by the latter in the name of both, adverse to the inclination of Hessler.

The insufficiency of the evidence to sustain the verdict, as well as error upon the instructions, was assigned as a reason in the motion made for a new trial, and the denial of that motion is assigned as error.

We’need only consider the evidence.

Leach is the only witness upon whose testimony the claim for commissions is based, and his version as to his own part…