Lustig v. Hutchinson

A fair summary of the majority opinion is that substantial justice has been done in the case because (a) plaintiff earned his commission and his recovery should not be defeated by a technicality not objected to either at the trial or complained of in this court, (b) Cuneo was rightly dismissed out because of lack of evidence that he authorized Hutchinson to employ plaintiff, and (c) Hutchinson had the burden of proving his authority to employ plaintiff and failing to make proof should be held personally liable.

Plaintiff did earn his commission. Cuneo was rightly dismissed because it is…