Butterfield v. Consolidated Fuel Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G-. Armstrong, Judge. Action by Frank L. Butterfield against the Consolidated Fuel Company. Judgment for defendant. Plaintiff appeals. APPELLANT'’S POINTS. Where a principal dealing through a broker goes behind the broker procured by him, revokes the agent’s authority and deals directly with the customer, the rule of law is clear’ that the payment of a commission to the broker upon the sale thus effected cannot be evaded.
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Appeal from District Court, Third District; Hon. Geo. G-. Armstrong, Judge. Action by Frank L. Butterfield against the Consolidated Fuel Company. Judgment for defendant. Plaintiff appeals. APPELLANT'’S POINTS. Where a principal dealing through a broker goes behind the broker procured by him, revokes the agent’s authority and deals directly with the customer, the rule of law is clear’ that the payment of a commission to the broker upon the sale thus effected cannot be evaded. In order for a principal to sell to such purchaser with impunity, it must appear affirmatively that the action was in…
1Opinion of the CourtFeign, J.
The appellant, plaintiff below, brought this action to recover a broker’s commission. In this complaint, after stating the corporate capacity of respondent, he in substance alleged that on or about the 16th day of March, 1911, he entered into a contract with the respondent wherein he “agreed to find for said defendant (respondent) a purchaser for certain first mortgage” bonds, and for which services respondent agreed to pay him out of the proceeds derived from the sale of the bonds 2% per cent, of the par value thereof; that said appellant found a purchaser for said bonds, and as a result of…
2Cases cited9 opinions
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- McGuire v. CarlsonAppellate Court of Illinois · 1895
- Ayres v. ThomasCalifornia Supreme Court · 1897
- Hunn v. AshtonSupreme Court of Iowa · 1903
- Lipe v. LudewickAppellate Court of Illinois · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wheeler v. Pan-American Petroleum Corp.Court of Appeals of Georgia · 1934
- Burt v. StringfellowUtah Supreme Court · 1914
- Sachs v. LesserCourt of Appeals of Utah · 2007
- Burt v. StringfellowUtah Supreme Court · 1916
- Sievert v. WoodSupreme Court of Kansas · 1931
3 more not listed; retrieve them via the Exa API.