THOMAS, Justice.
As a background for the simple question confronting us we give the chronology of this litigation. It started 14 September 1950 when the appellant filed a complaint against the appellees to recover a commission for services he had performed as a real estate broker. The cause of action had accrued 19 July 1949. A trial of the issues culminated in a judgment entered 28 November 1951. On 21 December 1951 a new trial was granted and the appellant appealed...
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