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5 Cal. 466

Shaw & Reed v. Davis

California Supreme Court

Decided July 1, 1855

California Supreme Court · decided 1855-07-01

<p>Appeal from the Superior Court of the City of San Francisco.</p>

Decided 1855-07-01

Murray, C. J., delivered the opinion of the Court.

¶1Heydenfeldt, J., concurred.

¶2On the trial of this cause in the Court below, the plaintiffs intro*467duced as a witness one Webb, who testified on his voir dire, that he had negotiated the contract between the parties, and that his brokerage or compensation depended on the plaintiff's recovery; as it was a custom among brokers not to charge commissions in case a sale miscarried.

¶3The witness was incompetent, and should have been excluded; inasmuch as he was directly interested in the event of the suit.

¶4Judgment reversed, and new trial ordered.

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