Horne v. Timbanard

MOLLOY, Judge.

This appeal presents the question of whether the trial court, as it was presenting issues of fact to a jury, properly eliminated on its own motion certain factual issues framed by a pretrial order. j

The complaint filed in the lower court is one by a real estate salesman against his broker for a share of certain commissions. Part of the relief sought in the complaint is a rescission of an agreement to accept substantially less than the salesman’s regular share (60 per cent) of the commission on a certain real estate sale because of an alleged false representation made by the…