Lester v. Whitehead
Lester v. Whitehead
Opinion of the Court
Unless the plaintiff in error can show that the plaintiff in the court below as a matter of law was not entitled to recover, the judgment of the trial court is correct. There was no demurrer to the petition. Construing the petition in favor of the plaintiff it alleges that the defendant agreed to pay him a 10% commission on all sales which he procured from the two named prospective purchasers, who were the plaintiff’s clients. The evidence was conflicting, but the testimony authorized a verdict for the plaintiff. It did not demand a verdict for either party. The plaintiff in error contends that the essential elements of a valid contract were not
Another contention of the plaintiff in error is that the evidence did not authorize the amount found by the jury which was about half what it should have been in view of the finding for the plaintiff in the trial court. There is no exception to the overruling of a motion for a new trial, so, since there is no showing that the defendant in the trial court was entitled to a verdict in his favor as a matter of law, the contention is without merit. As we see it the motion for a judgment notwithstanding the verdict does not raise the point involved in this second contention of the plaintiff in error.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.