Green v. Fist

The opinion of the court was delivered by

Portee, J.:

Green sued to recover commissions as agent for Fist in the sale and exchange of real and personal property. The jury found against the plaintiff, and he appeals from the judgment.

There were four causes of action, involving as many separate transactions. Upon a sharp conflict in the evidence the facts have been determined against the plaintiff, which would require an affirmance of the judgment, except for what is deemed material error in one of the instructions. In his second cause of action Green claimed a commission for procuring a contract…