Quinlivan v. Dennstedt Land Co.
North Dakota Supreme Court
Appeal from the District Court of Barnes County, Coffey, J. From an order denying a new trial, plaintiff appeals. After a broker has found a customer and negotiations are commenced,, neither the principal nor the customer can break them off and defeat the broker’s right to commissions by concluding the transaction without his aid. 19 Cyc. 262; Scott v. Clarke (S. D.) 54 N. W. 540;, Nicholas v. Jones (Neb.) 37 N. W. 679; Donohue v. Padden (Wis.) 66 N. W. 804; McKenzie v. Lego…
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Appeal from the District Court of Barnes County, Coffey, J. From an order denying a new trial, plaintiff appeals. After a broker has found a customer and negotiations are commenced,, neither the principal nor the customer can break them off and defeat the broker’s right to commissions by concluding the transaction without his aid. 19 Cyc. 262; Scott v. Clarke (S. D.) 54 N. W. 540;, Nicholas v. Jones (Neb.) 37 N. W. 679; Donohue v. Padden (Wis.) 66 N. W. 804; McKenzie v. Lego (Wis.) 74 N. Y . 249; Potvin v. Curran (Neb.) 14 N. W. 400; O’Toole v. Tucker (N. T.) 38 N. Y„ S. 9G9; David-Fischer…
1ConcurrenceBirdzell, J.
I concur in the foregoing opinion and in the reasons assigned for the conclusion, but I am also of the opinion- that the verbal commission contract, even considered as an alteration of the written agreement, Avas so far executed as to be binding upon the parties, and was not such an alteration as is prohibited by § 5938 of the Compiled Laws of 1913. This statute merely expresses the equitable doctrine relative to the alteration of sealed instruments which had, in reality, become a part of the common law by-judicial legislation Avithout the aid of such statutes. See McCreery v. Day, 119 N. Y.…
2Cases cited6 opinions
- McCreery v. . DayNew York Court of Appeals · 1890
- Stockton Combined Harvester & Agricultural Works v. Glens Falls Insurance Co.California Supreme Court · 1898
- MacKenzie v. HodgkinCalifornia Supreme Court · 1899
- Share v. CoatsSouth Dakota Supreme Court · 1912
- Anderson v. JohnstonCalifornia Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.