Kenyon v. Bloeser

Opinion by

Cunningham, J.,

During the lifetime of William Bloeser, Harry M. Kenyon, plaintiff below and appellee herein, brought an action of assumpsit against him to recover $1,240 as commission for making a sale of certain real estate. Upon the death of Bloeser, prior to the trial, his executors, the present appellants, were substituted on the record; the case came on for trial and resulted in a verdict for plaintiff. Defendants’ motion for judgment in their favor n. o. v., based upon their point for binding instructions, was denied by the court in banc and they have appealed from the…