Armstrong v. Brown Bros. Kootz Co., Inc.

Gallagi-ier, Chief Justice.

Action to recover commissions which plaintiff claims are due him for the sale of securities handled by defendant in its brokerage business. Plaintiff recovered a verdict for $230. Defendant appeals from an order denying its motion for judgment notwithstanding the verdict or a new trial.

Plaintiff claims that in June, 1936, he entered into an agreement with defendant to sell its securities on a commission .basis of five per cent. While the complaint alleges that the commission was to be paid on all sales made by plaintiff or to customers on plaintiff’s list, the proof…