Waxler v. Bottcher
Waxler v. Bottcher
Opinion of the Court
In this action of contract the plaintiffs recovered a verdict for a real estate commission in procuring a customer ready, able and willing to buy two parcels of land belonging to the defendants.
One issue at the trial was this: Did the prospective buyer, one Wilson, and the defendants, come to an agreement as to the terms of sale? The testimony of the plaintiffs tended to show that the parties agreed to all the terms. The testimony of the defendants tended to show the contrary. Mrs. Bottcher, one of the defendants, was called by the plaintiffs. She testified in direct examination that she listed the property with the plaintiffs and instructed them to procure a purchaser. On cross-examination by counsel for the defendants she stated that the second mortgage on the property was for $14,000, and was payable “the following January.” Epstein, one of the plaintiffs, testified that when the property was listed with the plaintiffs, the defendants said that the $14,000 mortgage was payable on demand, that Mrs. Bottcher did not say the $14,000 mortgage “came on demand the following January.” Wilson testified that “all the
There was no error in excluding the mortgage note. It did not clearly appear that anything was said about the second mortgage at the office of Mr. Clark, or that there was any conversation at this interview concerning the time of payment of this mortgage. The defendants testified without objection that the mortgage became a demand mortgage the following January, and the note which was excluded did not tend to show what was said by the parties at the time the negotiations were carried on in the attorney’s office. The note was not admissible, on the facts disclosed in this record, to contradict the plaintiffs or corroborate the defendants. Even if the mortgage note were admissible, there was no prejudicial error in excluding it.
The second exception relates to the evidence of Wilson. He was asked if he intended to- have the third mortgage re
Exceptions overruled.
Reference
- Full Case Name
- Samuel Waxler & another v. Adolph Bottcher & another
- Cited By
- 1 case
- Status
- Published