Opinion
No. 43/694.
08-26-1920
Lewis Fisher, of Newark, for exceptant. Norman Grey, of Camden, for respondeut.
Bill by George Wilson and others, trading as the United Tin Trading Company, against Marion E. Sandall. On exceptions to master's report. Exceptions overruled.
Lewis Fisher, of Newark, for exceptant.
Norman Grey, of Camden, for respondeut.
BACKES, V. C. The master's findings are sustained by the evidence. There was sharp conflict in the testimony on the question of percentage the defendant was entitled to for compensation, so-called expert testimony. The master had first-hand opportunity to value and weigh it, and as well that of defendant, which was not at all times attuned to frankness. The master's resolve in favor of the complainants' contention is not to be disturbed, unless he erred in matter of law or, plainly, as to the facts. Izard v. Bodine, 9 N. J. Eq. 309; Haulenbeck v. Cronkright, 23 N. J. Eq. 407; Eckerson v. McCulloh, 1 Atl. 700; Blauvelt v. Ackerman, 23 N. J. Eq. 495; Warner v. Hill, 74 Atl. 973; Bagley & Sewall Co. v. Traders' Paper Board Co., 86 Atl. 1029.
As I find no error, the exceptions will be overruled, with costs.