Matthews v. Glines

Decided February 15, 1872

Supreme Court of Colorado · decided 1872-02-15

Assumpsit for work, labor and services rendered. At the trial, the plaintiff, E. A. Keser, testified that plaintiffs were real estate agents, and that Glines, one of the defendants, applied to him to sell a brick house and lots, on which the same was located, at the price of' $7,000 ; that there was nothing said as to the commission to be charged for making such sale ; that the customary charge was five per cent up to $3,000, and three per cent on all sums above $3,000 ;…

Decided 1872-02-15

Per Cubiam.

¶1This case must be governed by the principle of Murphy v. Cunningham, ante 467.

¶2The only error complained of is, that the judgment should have been for the plaintiffs and not for the defendants, as by the record appears.

¶3The evidence was conflicting, and whether judgment should have gone for the plaintiffs, or against them, depends upon whether credit was due to the witnesses called for them, or to those who were called for their adversary. The judge who presided below, and before whom the issue was tried, without a jury, gave credit to the letter, and it does not lie with us to review his action in this regard.

¶4The judgment is affirmed, with costs.

¶5Affirmed.