Sexton v. Harrold

<p>Abstract of the Decision.</p> <p>1. Master and servant, § 84*—when evidence insufficient to show relation. In an action to recover commissions for the sale of shares of stock, where plaintiff contended that he was employed by the defendant in the presence of two employees of plaintiff, and where the defendant denied the employment, and the two employees were not produced as witnesses, held that the burden was on plaintiff to prove his employment by a preponderance of the evidence, and that the verdict in favor of the defendant was supported by the evidence and should be affirmed.</p> <p>2. Master and servant, § 82*—when letters relative to removal of friction between stockholders of corporation are admissible. In an action to recover commissions for the sale of shares of stock where plaintiff himself owned some of the stock, and there had been friction between the stockholders which caused the sale in question to be made, and defendant claimed that plaintiff’s action was purely voluntary and in accord with a plan of settlement, and complained of the admission of certain letters in evidence which had reference to the removal of the friction between the stockholders, held that as the letters tended to show the relations existing between the parties, and in view of the claim that plaintiff acted voluntarily, the letters were properly admitted.</p> <p>3. Appeal and ebbob, § 1537*—when repetition of instructions is not material. "While it is not good practice to give as many as five instructions on the question of the preponderance of the evidence, it is not material error to do so.</p>