Gartner v. Higgins

This action of assumpsit to recover a sum of money paid to the defendant as a fee under a brokerage contract was tried to a justice of the superior court sitting with a jury and resulted in a verdict for the plaintiffs in the amount of $1,500. The court ordered a new trial on the issue of damages only unless the plaintiff's filed a remittitur of all of the verdict in excess of $1,000. The remittitur was filed, but the defendant proceeded to prosecute to this court his exceptions to certain evidentiary rulings and to a denial of his motion for an unconditional new trial.

It appears from the…