Herz v. Ransom

-The plaintiff brought this action against the defendant to recover a commission under an oral contract. The cause was tried before the court without a jury, and resulted in a judgment for plaintiff, from which the defendant appealed.

The appellant in his brief has moved that certain portions of the statement of facts be stricken. The respondent has countered with a motion that the entire statement of facts be stricken.

The case presents a somewhat unusual, though not entirely novel, situation. Trial was had before the late esteemed Judge Mitchell Gilliam on January 14, 1931. Findings of fact,…