Bradley v. Schermer

Judge Latim:er

Affirming.

From a judgment in favor of plaintiff, Harry Sober mer, awarding Mm $500 as sale’s commission, the defendant, Allen Bradley, prosecutes this appeal.

Appellant urges reversal on four grounds. The first three of these grounds in fact may be included in one. It is insisted that defendant was entitled to a peremptory instruction because (1) plaintiff’s own proof showed that he was not the procuring cause of the sale; (2) because all negotiations, if any there were, had been abandoned; and (3) because of failure on part of plaintiff to establish by any probative proof that…