Carr & McIlvain v. Jakoby

Opinion by

Linn, J.,

Plaintiffs sued for commissions for selling real estate. Defendant denied the contract and that plaintiffs’ services produced the buyer. The jury found for the plaintiffs, who have judgment on the verdict.

Two assignments of error are presented. The first complains that a portion of the affidavit of defense was received in evidence as an admission of an averment in the statement of claim. We dismiss the assignment on the ground that when the averment was offered and had been partly read, defendant’s counsel withdrew his objection. While the record shows that after it was…