DuPerow v. Groomes
District of Columbia Court of Appeals
Hearing on an appeal by tbe defendant from a judgment .of tbe Supreme Court of tbe District of Columbia, on verdict, in an action to recover a broker’s commission. The Court in tbe opinion stated tbe facts as follows: This action was begun by Leonard W. Groomes, plaintiff, in tbe municipal court, to recover of defendant,. Mortimer DuPerow, tbe sum of $152.22 as commission due on tbe sale of a lot.
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Hearing on an appeal by tbe defendant from a judgment .of tbe Supreme Court of tbe District of Columbia, on verdict, in an action to recover a broker’s commission. The Court in tbe opinion stated tbe facts as follows: This action was begun by Leonard W. Groomes, plaintiff, in tbe municipal court, to recover of defendant,. Mortimer DuPerow, tbe sum of $152.22 as commission due on tbe sale of a lot. Plaintiff recovering judgment in tbe municipal court, tbe defendant appealed to tbe supreme court of tbe District, where judgment was again rendered for tbe plaintiff. Tbe evidence on behalf of tbe…
1Opinion of the CourtChief Justice Shepard
1. It was error to permit this memorandum to be offered in evidence. It was not used, nor was it necessary to be used, by plaintiff to refresh his memory. Gurley v. MacLennan, 17 App. D. C. 170, 179; Sechrist v. Atkinson, 31 App. D. C. 1, 5; Rudd v. Buxton, 41 App. D. C. 353.
2. It is unimportant to consider the other assignments of error relating to exceptions to evidence and to instructions given and refused.
The burden was upon the plaintiff to establish his case.
It was necessary to show that he had been employed to sell, or find a purchaser for, the lot, and that he was the procuring cause…
2Cited by6 opinions
- Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
- Eggleton v. VaughnDistrict of Columbia Court of Appeals · 1946
- Lady v. Realty Associates, Inc.District of Columbia Court of Appeals · 1943
- Dawson v. NorrisDistrict of Columbia Court of Appeals · 1954
- O'BRIEN v. MorganDistrict of Columbia Court of Appeals · 1954
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