Hackett v. Straw
South Dakota Supreme Court
Appeal from circuit court, Minnehaha 'County. Hon. Joseph W. Jones, Judge. Action by F. M. Hackett against Agnes L. Straw and another, to recover for a broker’s commission -on sale of land. From an order granting a new trial after a verdict for plaintiff, he appeals. The assignment that the court erred in not giving the instructions requested by the defendant is not tenable, as the instructions given covered all of the issues in the case.
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Appeal from circuit court, Minnehaha 'County. Hon. Joseph W. Jones, Judge. Action by F. M. Hackett against Agnes L. Straw and another, to recover for a broker’s commission -on sale of land. From an order granting a new trial after a verdict for plaintiff, he appeals. The assignment that the court erred in not giving the instructions requested by the defendant is not tenable, as the instructions given covered all of the issues in the case. Furthermore the instructions given are as favorable to' the defendant as those requested by the defendant, and1 embrace the same propositions upon which…
1Opinion of the CourtPolrey, J.
In this action .plaintiff and appellant seeks to recover a commission for the sale or -exchange, claimed to- have been brought about by plaintiff, of certain real estate owned by one of the defendants. Defendants deny ith-at t-he transaction in ■question was the result of plaintiff’s efforts, or that the deal was made with a. party procured by plaintiff, and allege that t-he deal -was negotiated by defendants, without any assistance on the part of plaintiff. The case was tried -to a jury, who returned a verdict for the full amount claimed by plaintiff. On -defendants’ motion, the verdict wa's…
2Cases cited5 opinions
- Root v. BinghamSouth Dakota Supreme Court · 1910
- Grant v. GrantSouth Dakota Supreme Court · 1894
- Alt v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1894
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
- Clark Implement Co. v. WaddenSouth Dakota Supreme Court · 1912
3Cited by2 opinions
- Sayer v. LeeSouth Dakota Supreme Court · 1918
- Shann v. Disbrow & Co.South Dakota Supreme Court · 1936