Shaw & Reed v. Davis

California Supreme Court
Shaw & Reed v. Davis, 5 Cal. 466 (Cal. 1855)
Murray

Shaw & Reed v. Davis

Opinion of the Court

Murray, C. J., delivered the opinion of the Court.

Heydenfeldt, J., concurred.

On the trial of this cause in the Court below, the plaintiffs intro*467duced as a witness one Webb, who testified on his voir dire, that he had negotiated the contract between the parties, and that his brokerage or compensation depended on the plaintiff's recovery; as it was a custom among brokers not to charge commissions in case a sale miscarried.

The witness was incompetent, and should have been excluded; inasmuch as he was directly interested in the event of the suit.

Judgment reversed, and new trial ordered.

Reference

Full Case Name
SHAW & REED v. GEORGE H. DAVIS
Status
Published
Syllabus
A broker, whose commissions or compensation depends on his principal’s recovery, is incompetent as a witness, on the ground that he is directly interested in the event of the suit.