Wilshire Manufacturing Co. v. Whitmore

Sognier, Judge.

Jack Whitmore sued Wilshire Manufacturing Company of Delaware for commissions earned and unpaid on the sale of merchandise for Wilshire Manufacturing’s account. After a bench trial, the trial court rendered judgment in favor of Whitmore. Wilshire Manufacturing appeals.

1. Appellant contends that the trial court erred in denying its motion for a new trial on the basis of newly discovered evidence. Newly discovered evidence as grounds for a new trial requires a showing that the failure to discover that evidence was not due to any lack of diligence. Here the newly discovered…