Dunham v. Bokel

The opinion of the court was delivered by

Marshall, J.:

This action, one for a real-estate agent’s commission for effecting an exchange of real property, resulted in a judgment in favor of the plaintiff for $250, and the defendant appeals.

No evidence given at the trial is abstracted, and it' does not appear that there is a transcript of the evidence. A motion for a new trial, on the ground of newly- discovered evidence, was filed, and was denied. The only question presented arises on the order denying that motion.

Affidavits were used on the hearing of the motion. These affidavits showed that…