Turner v. Watkins

WORKS, J., pro tem.

This is an action for the recovery of a broker’s commission for an exchange of real property, under a contract between the plaintiff and the defendant’s intestate, W. C. Watkins. The plaintiff had judgment and the defendant appeals.

At the opening of the trial the respondent contended that the denials of appellant’s answer were insufficient to present a defense and asked the court to rule that the, appellant should go forward with his proof in support of certain affirmative defenses set up in the answer. The court ruled accordingly and the ruling is assigned as error. The…