Stewart v. Burbridge

The appeal in this case is from the judgment and from an order denying a new trial. The only error urged is that in finding of fact IV, which reads as follows: “That the said plaintiff,.has prior to the beginning of said action demanded of and from said defendants and each of them his proportion of said five thousand dollars ($5,000), to wit, one thousand six hundred sixty-six and two-thirds ($1,666-2-3) as a commission for making said sale but that said defendants and each of them have failed, neglected and refused and still fails, neglects and refuses to pay said plaintiff the said sum of…