Huntemer v. Arent
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Action by Augustus Huntemer against Nicholas Arent. Judgment for plaintiff, and defendant appeals.
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Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Action by Augustus Huntemer against Nicholas Arent. Judgment for plaintiff, and defendant appeals. Before an agent employed to procure or find a purchaser for real estate can recover an agreed compensation for his alleged services, he must show by competent evidence that he has found a purchaser for such real estate who is at the time ready, willing and able to purchase such real estate on all the terms and conditions imposed by the [owner in his contract with such agent, and has brought such person to the owner. Howie v.…
1Opinion of the CourtPuller, J.
This action, by a real estate agent against the owner of 320 acres of land to recover a commission for procuring a purchaser thereof, resulted in a judgment in favor of the plaintiff for the full amount claimed, and the defendant appeals. Respondent states the contract, and alleges a breach thereof in the complaint as follows: “(1) That on or about the month of October, 1900, the defendant employed the plaintiff to find for and furnish to him a purchaser of and for the east half of section 10, township 105, range 50, being 320 acres of land in Moody county, South Dakota, of which the…
2Cases cited1 opinion
- Scott v. ClarkSouth Dakota Supreme Court · 1893
3Cited by12 opinions
- Watters v. DanceySouth Dakota Supreme Court · 1909
- Ball v. DolanSouth Dakota Supreme Court · 1908
- Paulson v. ReedsNorth Dakota Supreme Court · 1916
- Ward v. McQueenNorth Dakota Supreme Court · 1904
- Ward v. MorrowCourt of Appeals for the Eighth Circuit · 1926
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