
    Smith et al. v. Tyler et al., appellants.
    
      Trial—nonsuit — Custom,.
    
    Plaintiffs, in their complaint, claimed to have been employed by the defendants as brokers, to sell a vessel. On the trial, plaintiffs failed to show original employment or a ratification of their acts done without authority. Held, that plaintiffs should have been nonsuited.
    It was claimed by the plaintiffs that it was customary when a vessel was sold through the intervention of a broker, for the seller to pay a commission. Held, that if defendants were ignorant of this custom they would not be bound by it.
    Appeal from a judgment in favor of plaintiffs, entered upon the verdict of a jury.
    
      E. H. Benn, for appellants.
    
      Richard H. Huntley, for respondents.
   Barmard, P. J.

The head-note states fully the matters passed upon in the opinion, which it is believed unnecessary to publish at length.

Judgment reversed, and new trial granted.  