Ayres v. Thomas
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. Waldo M. York, Judge. The main facts are stated in the opinion of the court.
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Appeal from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. Waldo M. York, Judge. The main facts are stated in the opinion of the court. The sixth instruction requested by the defendant and refused, to which reference is made in the opinion, was as follows: “You are instructed as a matter of law that to entitle a solicitor to a commission on work or orders claimed to have been obtained by him it must appear from the evidence that he was the moving or procuring cause of the consummation of the transaction; it is not enough that the plaintiff had…
1Opinion of the Court
Searls, C.
This action was brought to recover $1,584.69, with interest on $831.48 thereof from July 28, 1893, and interest on the balance thereof from October 9, 1894.
The cause was tried before a jury and a verdict returned in favor of plaintiff for $1,694.
*142Upon a motion for a new trial the court made an order granting a new trial unless plaintiff should consent to reduce the verdict by $117.45, leaving the verdict to stand at $1,576.55, to which deduction plaintiff consented, whereupon the motion for a new trial was denied and judgment entered for $1,576.55.
Defendant appeals from the judgment…
2Cases cited7 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- Tombs v. AlexanderMassachusetts Supreme Judicial Court · 1869
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3Cited by18 opinions
- Ridgway v. ChaseCalifornia Court of Appeal · 1954
- Naylor v. AshtonCalifornia Court of Appeal · 1912
- Hill v. KnightCalifornia Supreme Court · 1930
- Howard v. BurrowCalifornia Court of Appeal · 1926
- Wheelan v. HuntSupreme Court of Oklahoma · 1913
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