Hobart v. Michaud

I dissent. With the disposition of the item of $110 for commission of two per cent on the $5,500, I do not disagree. The defendant stated that he paid it, and the plaintiff did not pursue the question nor offer evidence in denial. The finding is sustained by evidence and should stand whatever a reviewing court may think the fact to be.

There is still $110 for which to account. There is expert testimony that a survey of the property might be worth $100, and the defendant claims $100 for his services in making a survey. No such survey was made. The defendant went in his auto from St. Paul to…