Blankenship v. Fullerton's Administratrix

Opinion of the Court by

Judge Clay

— Affirming.

In this action by I. S. Blankenship against E. E. Fullerton’s administratrix to recover a commission for the sale of certain lots belonging to the decedent, the court at the conclusion of plaintiff’s evidence peremptorily instructed the jury to find for the defendant. Judgment was rendered accordingly, and plaintiff has appealed.

A motion to strike the bill of exceptions was passed to the merits. The basis of this motion is that there was no order of court filing the bill or the transcript of evidence. After the motion was made appellant was…