Williams v. Otto
Williams v. Otto
Opinion of the Court
Plaintiff sued in assumpsit, and, by his bill of particulars, disclosed that his claim consisted of an alleged balance of $2,000 due him as commission upon the sale of defendant’s 240-acre farm. Under the plea of the general issue, defendant gave notice that he would show in defense that he had paid to plaintiff for his services the sum of $1,050; that sum being the amount due plaintiff under the terms of the contract. It was the claim of the plaintiff that defendant agreed to pay him as his commission all over $4,500 received upon the sale of the farm, while defendant claimed that he agreed to pay plaintiff the sum of $5 per acre for so much of the
The only assignments of error argued relate to the admission of the evidence relative to prior listing at the sum of $4,500 and evidence as to value.
We are.of opinion that the learned circuit judge erred in receiving the evidence in question. It tended neither to impeach defendant nor to prove the contract upon which plaintiff relied. Hoopengarner v. Stipe, 169 Mich. 307 (135 N. W. 244). See, also, Thompson v. Clay, 60 Mich. 627 (27 N. W. 699); McDonald v. Ortman, 98 Mich. 40 (56 N. W. 1055); West v. Demme, 128 Mich. 11 (87 N. W. 95).
The judgment is reversed, and a new trial ordered.
Reference
- Full Case Name
- WILLIAMS v. OTTO
- Status
- Published