Lenander v. Graves

Plaintiffs, as co-partners, sued for a broker’s commission which they claim to have earned in selling defendant’s real estate. The complaint, in a single count, or statement, alleges an express contract whereby defendant agreed to pay plaintiffs a commission of $920, and that their services were reasonably worth that sum. The jury returned a verdict for $240, and from the judgment entered thereon defendant appeals. .

The judgment is wrong. If plaintiffs’ testimony is right, the verdict should have been for $920. If defendant is to be believed, the finding should have been for him. There is no…