Solis v. Harr

Opinion by

Mr. Justice Stern,

At the trial of this case to recover the amount of commission alleged to have been promised plaintiff for serv ices in procuring a prospective purchaser of a mortgage, binding instructions were given for defendant, and this court, on appeal, must therefore consider only the testimony favorable to plaintiff. Reviewing the record in that limited manner, the judgment of the court below must nevertheless be affirmed.. In this, as in every action brought upon a contract, recovery can be had only upon showing that the agreement sued upon was made by defendant, or by his…