Barnard v. Hardy

This action is by plaintiff, a real estate broker, to recover a commission on sale of real estate. The court, sitting with out a jury, rendered judgment for defendant. Plaintiff appeals.

Respondent moves to strike the bill of exceptions because “the bill was not served, settled and filed within time, and to thereupon affirm the judgment of the district court because no ruling is presented for a review by this court, except as required to be contained in a bill of exceptions.” Judgment was made and entered October 3,1928. On October 29,1928, appellant applied for and was granted sixty days…