Karlin v. Heller

The plaintiff received the verdict of a jury for $1,900 commissions as a broker. During the trial the court excluded conversations between the seller and the buyer’s representative, not in the presence of the plaintiff, on the theory that such conversations were hearsay. A new trial is asked on the ground that such rulings were erroneous. It is said that such conversations, if admitted, would have shown that plaintiff was not the procuring cause of the sale. There are circumstances in which statements and writings, ordinarily hearsay, are admitted in evidence in these cases. But this sort of…