13 Utah 5 | Utah | 1896
This action was brought by the respondent to recover from the appellant a commission upon an alleged contract between the parties, wherein it is alleged that appellant agreed to pay respondent $1,000 in the event that respondent could effect a certain trade and exchange of real estate belonging to the appellant in Colorado, for certain lands in the city of Ogden, Utah. The exchange was perfected, and upon refusal of appellant to pay the commission, this action was brought. The case was tried before a jury, and recovery had for the contract price and interest.
Upon the argument of the motion for a new trial, respondent’s counsel objected to the hearing of said motion on the ground that no assignments or specifications of error in law occurring at the trial, and excepted to by the appellant, were designated or pointed out in the statement. Thereupon defendant’s counsel orally moved the court to permit an amendment to the statement by incorporating therein his specification of errors, which he claimed were inadvertently omitted. The court denied the motion, disregarded the statement, and overruled the motion for a new trial. The notice of intention to move for a new trial embraced only the general grounds: First, insufficiency of the evidence to justify the verdict; second, errors at law occurring at the trial, and excepted to by defendant. Subdivision 3, § 3402, Comp. Laws 1888, provides that: “When the notice of
