WINAKUR v. ZENO

Postponement of Trial — Sickness of Defendant — Action for Brokerage Commissions — Evidence.

The refusal to postpone the trial because of defendant's absence from court, complaining of sickness, held not an abuse of discretion, it appearing that defendant, though he had been sick, had been for two or more days attending his office, answering telephone calls there.

In an action for commissions on a sale of defendant's real estate, held that the evidence supported a finding of authority to sell, of a promise to pay a commission for procuring a sale, and an actual procurement thereof.

Decided October 31st, 1935.

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

Unreported cases.