Legal Opinion

Johnson v. Whalen

Supreme Court of Oklahoma

Decided September 10, 1903PublishedCited by 5 opinions

Error from the District Court of Kay County; before Bayard T. Hamer j Trial Judge. STATEMENT OE EACTS. An action brought by Charles A. Johnson against Charles H. Whalen in the district court of Kay county to recover a commission for the sale of real estate. Trial and judgment for defendant; motion for new trial overruled; exceptions allowed; Johnson brings case here upon petition in error for review.

1Opinion of the Court

•Opinion of the court by

BeauohaMp, J.:

This was an action commenced in the district court of Kay county by Charles A. Johnson as plaintiff, against Charles H. Whalen, as defendant, to recover the sum of $300, alleged to be due as commission for the sale of a farm belonging to the defendant in error, in Kay county. On August 25, 1900, P. EL Albright & Co., a firm of real estate agents, doing business in the city of Newkirk, wrote defendant in error, Whalen, at his home, Paris, Ill., the following letter:

“Dear Sir:—
“We understand that you are the owner of the n. w. quarter of section eleven…

2Cases cited1 opinion

  1. Stewart v. PickeringSupreme Court of Iowa · 1887

3Cited by5 opinions

  1. Scully v. WilliamsonSupreme Court of Oklahoma · 1910
  2. Ludeman v. EnglishSupreme Court of Oklahoma · 1920
  3. Fidelity Mutual Life Insurance v. StegallSupreme Court of Oklahoma · 1910
  4. Stevens v. BrimmerWyoming Supreme Court · 1926
  5. Bay v. WankMissouri Court of Appeals · 1923

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