Phillips v. Brown
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. An action to recover commission as agent in the sale of mining property. Judgment for plaintiff. Defendants appeal. Broker has no right to commissions, if his services fail to accomplish a sale, and after the proposed purchaser has decided not to buy, other persons induce him to do so. (Earp v. Cummins, 54 Pa. 394, 93 Am.
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APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. An action to recover commission as agent in the sale of mining property. Judgment for plaintiff. Defendants appeal. Broker has no right to commissions, if his services fail to accomplish a sale, and after the proposed purchaser has decided not to buy, other persons induce him to do so. (Earp v. Cummins, 54 Pa. 394, 93 Am. Dec. 718.) Unless the owner has been responsible for the delay in making the sale to the purchaser, or such delay has been caused by some negligence or fraud of the…
1Opinion of the CourtStewart, C. J.
This is an action to recover commission for the sale of certain mining property. The complaint alleges that on or about the 12th day of October, 1909, the defendants entered into a contract with the plaintiff wherein and whereby they promised, contracted and agreed that if he would bond, contract for the sale or sell certain mining property, that they would compensate him for his services in making such sale and pay him the sum of ten per cent on all amounts received by the defendants as the purchase price of said property, said ten per cent to be due and payable when each and every amount…
2Cases cited12 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- LaForce v. Washington UniversityMissouri Court of Appeals · 1904
- Wood v. BrodersonIdaho Supreme Court · 1906
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3Cited by5 opinions
- Williams v. EnglerNew Mexico Supreme Court · 1942
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- Tonkin-Clark Realty Co. v. HedgesIdaho Supreme Court · 1913
- Fullmer v. ProctorIdaho Supreme Court · 1938
- Deal Hawley v. ScrivnerIdaho Supreme Court · 1945