D. C. Alexander v. J. S. Rhine

SIMMONS, Circuit Judge. The defendant in error, plaintiff in the court below, sued the plaintiff in error in the Circuit Court of Broward County for recovery of part of a commission on the sale of a parcel of real estate, alleging that he assisted in bringing interested parties together, and that under a contract between the parties to the suit he was entitled to half of the commission. The case went to the jury for trial of the issues made by the pleadings, and they found in favor of the plaintiff below, assessing his damages at fifteen hundred dollars and interest, for which amount a judgment was duly entered. This judgment the plaintiff in error seeks to have reviewed by this court, his assignments of error all being directed to alleged error of the court below in denying his motion for a new trial, the gist of all the assignments being that the verdict was not supported by the evidence.