Opinion
Appeal from the Superior Court of the City of San Francisco.
COUNSEL:
Pearkes & Wattson, for Appellant.
Robinson & Beatty for Respondents.
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.