Lowry v. Piper

Action to recover a balance alleged to be due plaintiff from defendant as commission on tbe sale of land. Plaintiff was suc■cessful in the district court, and defendant appeals from an order overruling his motion for a new trial. The sole grounds of the motion were that the evidence is insufficient to justify the verdict and that such verdict is against law.

Under a well-settled rule when applied to the facts disclosed by the record, we are not warranted in disturbing the order appealed from. There is a square conflict in the testimony over the vital and sole issue ■of fact as to the actual…