Arndt v. Miller, Daybill & Co.

I cannot see any theory upon which the plaintiffs could recover a judgment in this action, which, as orally pleaded, is for “commissions”; and their whole case is based upon the assumption that in some way the defendant, by employing them to obtain insurance, incurred an obligation to make compensation for the service by paying commission to the plaintiffs. The evidence clearly shows that defendants assumed no such liability. Their only liability was to the insurance company, and it was limited to the payment of the agreed premium. According to the custom of the business, as testified to by…