Traut v. Kirkpatrick

Opinion op the Court by

Judge Clay

Affirming.

F. J. Traut brought this suit against L. Z. Kirkpatrick and others to recover a commission of $10,000 for selling their stock in the Natural Kock Asphalt Corporation. From a verdict and judgment in favor of defendants, plaintiff has appealed.

At the outset, we are met by the contention that the trial court erred in refusing to permit the motion and grounds for a new trial to be filed. The motion for a new trial must be made at the term in which the verdict or decision is rendered, and within three days after the verdict or decision is rendered unless…