Resky v. Meyer

The opinion of the court was delivered by

Parker, J.

This was a suit by a real estate broker for commissions on a sale claimed to have been procured by him. The District Court, in giving judgment for the plaintiff, held that he was the “procuring cause of the sale” and the Supreme Court, without entering into any review of the evidence, held simply that there was evidence from which it was permissible for the District Court to make that finding of fact, and affirmed on that ground. This affirmance was, of course, proper if there was any such evidence; bnt our examination of the case leads to…