American Marine Paint Co. v. Nyno Line, Inc.

This appeal is from an order granting the defendant’s motion for a new trial. The action was one to recover a broker’s commission for the sale of the American steamer “Portland,” belonging to the defendant, to certain purchasers for the sum of $325,000, upon which sum the plaintiff claimed that there was due it from the seller a commission of five per cent upon the selling price, amounting to $16,500, by virtue of an agreement between itself and the defendant for the allowance of such commission upon the consummation of such sale. The complaint is in two counts, the first count setting forth in detail the transaction out- of which the alleged liability arose; the second count being in the form of the common count for services rendered.- The answer of the defendants consists of denials putting in issue practically all of the averments of the complaint. The answer then proceeds as a further and separate defense to set forth in substance but with much detail that in undertaking to act as the agent of the defendant in making the sale of its aforesaid steamer the plaintiff had conducted the transaction through its agent and representative, W. O. Lacombe, and that the latter had falsely…