Fidler v. Schiller

Plaintiff Fidler, by a complaint in five counts, sought recovery of monies said to have been wrongfully withheld by defendant Schiller, a real estate broker. Schiller, by cross-complaint, demanded of Fidler and others the balance of commissions assertedly due him. From a judgment adverse to him on both the complaint and the cross-complaint, Schiller has appealed. He has also noticed an appeal from the order denying his motion to vacate the above judgment and enter a different judgment (Code Civ. Proc., § 663) ; but since the trial court was simply called upon to repeat or overrule the former…