22 S.D. 298 | S.D. | 1908
This action was to recover an agent’s commis,sion provided for in a written contract entered into on the 15th day of April, 1904, between respondent and appellant corporation for the sale of its threshing machines for the current season at the village of Wilmont and in that vicinity. One Complete threshing outfit was sold on the day the agency contract was ¡made; and this appeal is from a judgment entered on a verdict directed in favor of respondent for $900 commission, together with the costs and disbursements allowed by statute.
Both parties having moved for the direction of a verdict upon all the testimony introduced at the trial, appellant is not in position to urge that the evidence was conflicting, and ought to have been submitted to the jury. By these motions for .a directed verdict, the respective parties tacitly admitted th/at the evidence was free from conflict and waived their right to a jury trial, and consented to have both questions of law and fact determined by the court. Grigsby v. W. U. Tel. Co., 5 S. D. 561, 59 N. W. 734; Yankton Fire Ins. Co. v. Fremont, E. & M. V. Ry. Co., 7 S. D. 428, 64 N. W. 514; Angier v. Western Assurance Co., 10 S. D. 82, 71 N. W. 761. The submission of no question of fact to the jury being requested and both parties having rested the case on issues of law, the result of the action is sustainable if no reversible errors of law occurred at the trial and the evidence is legally sufficient to justify the judgment. It is nowhere contended that a valid agency contract W|a;s not entered into by the parties at the time and place specified, .and that respondent would be entitled to the entire amount claimed had he made the sale as alleged in the complaint, but counsel (for appellant maintain that he cannot recover because the order for the threshing outfit was taken by the general agent of the company a few hours before the commission contract delivered on the same day was executed in Writing.
Now, the material facts and circumstances disclosed by the record are to the effect that respondent was an early resident of Wilmont, and for many years Ihpd been engaged in the retail sale
Careful examination and ■ consideration of every point urged fop: a reversal based on the' rulings of the court in admitting .and rejecting testimony disclose -no reversible errors of law occurring at the trial; and the judgment appealed if rom is affirmed.