Weeks v. Theodore Smith & Sons Co.

Tlie opinion of the court was delivered by

Parker, J.

Plaintiff sued in the District Court for commissions as a ship broker in the sale of a steamboat. The ease was tried with a jury, and resulted in a verdict for plaintiff for the full amount of his claim, five per cent, on $8,GOO. the price received by defendants, who accepted a bid made through another broker, and paid him a commission. The defendants now appeal.

There was evidence to show that about January 8th, 1908, plaintiff bad a conversation in blew York City with Charles H. Smith, an officer of defendant corporation, whoso agency for…