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FAIMAN v. JAMES D. KAUFFMAN, INC.

140 Conn. 395 (1953)

SAMUEL H. FAIMAN v. JAMES D. KAUFFMAN, INC.

Supreme Court of Connecticut.

Decided November 10, 1953.

Attorney(s) appearing for the Case

Charles M. Lyman, with whom was Nathan A. Resnik, for the appellant (defendant).

Nelson Harris, for the appellee (plaintiff).

BALDWIN, INGLIS, O'SULLIVAN, QUINLAN and WYNNE, JS.

O'SULLIVAN, J.

The plaintiff sued the defendant for a real estate commission. The jury returned a verdict for the plaintiff. The defendant has appealed.

One of the defendant's assignments of error is addressed to the court's instructions to the jury. The charge is to be tested not only by the claims of proof but also by the issues created by the pleadings. Scorpion v. American-Republican, Inc., 131 Conn. 42, 48, 37 A.2d 802; Boiselle v...

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