Ingalls v. Smith

The opinion of the court was delivered by

Benson, J.:

This is another of the frequently recurring actions to recover commissions upon a real-estate deal. A verdict was returned for the defendant, which was set aside. A new trial was ordered, and both parties appeal.

The ground upon which the verdict was set aside is not stated.

It was said in K. C. W. & N. W. Rid. Co. v. Ryan, 49 Kan. 1, 30 Pac. 108:

“It has been the unvarying decision of the court to permit no verdict to stand unless both the jury and the court trying the cause could, within the rules prescribed, approve the same.” (p. 12.)

The…