Legal Opinion

Melbourn v. Benham

South Dakota Supreme Court

Decided May 21, 1980No. 12591PublishedCited by 44 opinions

1Opinion of the Court

DAVIS, Circuit Judge.

The complaint of the plaintiff and appellant, Barbara Melbourn, alleging breach of agency and fiduciary obligations by the Benhams in their capacity as real estate agents for Melbourn, prays for judgment of damages totaling $11,630.00. The Benhams counterclaimed, seeking some $5,225.00, plus interest, representing a commission alleged to be due them as the result of a listing contract entered into between Mel-bourn as seller and the Benhams as listing brokers for the sale of Melbourn’s floral business.

The trial court concluded that plaintiff’s cause of action as well as…

2Cases cited8 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Pomeroy v. WaitkusSupreme Court of Colorado · 1973
  4. Keith v. Willers Truck ServiceSouth Dakota Supreme Court · 1936
  5. Golden v. Oahe Enterprises, Inc.South Dakota Supreme Court · 1976

3 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Black Hills Jewelry Manufacturing Co. v. Felco Jewel Industries, Inc.South Dakota Supreme Court · 1983
  2. Wheeldon v. MadisonSouth Dakota Supreme Court · 1985
  3. Staab v. CameronSouth Dakota Supreme Court · 1984
  4. Bank of Hoven v. RauschSouth Dakota Supreme Court · 1989
  5. Schell v. WalkerSouth Dakota Supreme Court · 1981

39 more not listed; retrieve them via the Exa API.

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