gno.law

Shaw & Reed v. Davis

California Supreme Court · · 1855-07-01 · Published · 5 Cal. 466

SHAW & REED v. GEORGE H. DAVIS

Area
civil
Panel
William J. Murray, Jr. (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Murray

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

Heydenfeldt, J., concurred.

On 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.

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

Judgment reversed, and new trial ordered.