Blewett v. Hendry
South Dakota Supreme Court
. Appeal from 'Circuit Court, Moody ■ County. HoN. Joseph W. JONES, Judge. Action toy Allen F. Blewett a-rnd another, against James Hendry, to recover a 'broker’s commission on a sale of realtj\ From' an order granting a new trial after verdict and judgment for plaintiffs, they appeal.
1Opinion of the Court
■GATE'S, J.
Action for brokers’ commission on the sale -of real estate. Verdict and judgment were rendered for plaintiffs. A new trial was granted because in the opinion of the trial court plaintiffs’ evidence “was not sufficient to justify the jury in returning a verdict in their favor, and that the court enred in not granting defendant’s motion to direct the jury to return a verdict in his favor.”
From such order plaintiffs appeal. Such order made for the reasons specified is one involving the discretion of the court. Rochford v. Albaugh, 16 S. D. 628, 94 N. W. 701. As has been frequently…
2Cases cited2 opinions
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Rochford v. AlbaughSouth Dakota Supreme Court · 1903
3Cited by3 opinions
- Security State Bank v. Bank of CentervilleSouth Dakota Supreme Court · 1923
- Sayer v. LeeSouth Dakota Supreme Court · 1918
- Shann v. Disbrow & Co.South Dakota Supreme Court · 1936