Shaw & Reed v. Davis

         JUDGES: Murray, C. J., delivered the opinion of the Court. Heydenfeldt, J., concurred.

         OPINION

          MURRAY, Judge

         On the trial of this cause in the Court below, the plaintiffs introduced 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.