Ellerd v. Murray

On Motion for Rehearing.

This is the second motion for rehearing urged by plaintiff in error. Upon the trial Ellerd testified that his contract with Murray was that no commissions would be due until the exchange was consummated and title papers had passed. Murray testified that there was nothing said as to when commissions would be due, and the jury found in accordance with Murray’s testimony. As stated in the former opinion, the only answer filed by Ellerd in the trial court was a' general denial. This writer strongly inclines to the opinion that this testimony was not admissible under the…