Opinion
[No. 249, September Term, 1962.]
Decided April 3, 1963.
EVIDENCE — No Error In Admission Of Testimony Where It Came In Without Objection Or Without Court Ruling Or Was Brought Out By Appellants Themselves. p. 239
H.C.
Decided April 3, 1963.
Appeal from the Court of Common Pleas (ALLEN, J.).
Suit for commissions on the sale of real estate by Ethel M. Powers, and others, to Pat A. Vecchio, and his wife. From a judgment holding them liable, Ethel M. Powers, and others, appealed.
Judgment affirmed.
The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, HORNEY and SYBERT, JJ.
Anthony J. Nolan for appellants.
George D. Solter, with whom were Jacob A. Gross and Due, Nickerson, Whiteford Taylor on the brief, for appellees.
The controversy in this case centers on a claim for commissions on the sale of real estate by the appellants to the appellees, for which the appellants were held liable on the strength of a verbal promise to pay. They now contend that the court erred in admitting testimony to vary the terms of the written contract. The short answer is that the evidence came in without objection or without any ruling by the court on this point, or was brought out by the appellants themselves. Cf. State Roads Comm. v. Bare, 220 Md. 91, 94 and Todd v. Ferrell, 212 Md. 574, 580.
Judgment affirmed, with costs.