Grossman Bros. v. Goldman

Opinion by

Linn, J.,

This case was tried in the municipal court by a judge without a jury and defendant now contends that he was deprived of his right to a jury trial without his consent. The suit was in assumpsit to recover commissions alleged to have been earned by a real estate broker, and involved a dispute of fact, but while triable by jury at common law, the parties could waive that right and agree to a trial by a judge without-a jury. The only point now is whether they agreed.

Defendant contends that he did not agree, and in support of his contention shows that he filed an affidavit of…