Hale v. Kumler
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. . This was an action to recover an agreed compensation under a contract for services rendered as a broker in bringing about a consolidation of two rival street-railway companies.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. . This was an action to recover an agreed compensation under a contract for services rendered as a broker in bringing about a consolidation of two rival street-railway companies. It was not claimed that any actual consolidation of the two companies had ever been brought about, but that after an agreement had been reached between plaintiff in error as the owner or representative of the stock of the Toledo Consolidated Street-Railway Company, and David and James J. Robison, as the owners or representatives of…
1Opinion of the CourtLijrton, Circuit Judge
At the conclusion of all the evidence the plaintiff in error moved the court to instruct the jury to find for the defendant. This was denied, and is the principal error now assigned. If the issues of fact submitted to the jury were controlling, then it would have been error to instruct for the defendant, unless such an instruction was warranted, although there should be a finding upon those issues in favor of the defendant.
The view taken of the contract upon which this action was brought, and of the bearing of the issues of fact submitted, is indicated by the closing paragraph of the charge…
2Cases cited10 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Kock v. EmmerlingSupreme Court of the United States · 1860
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Dodsworth v. Hercules Iron WorksCourt of Appeals for the Sixth Circuit · 1895
- Fraser v. . WyckoffNew York Court of Appeals · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Odem Realty Company v. DyerCourt of Appeals of Kentucky (pre-1976) · 1932
- Leventritt v. CowellCalifornia Court of Appeal · 1913
- Rees v. PellowCourt of Appeals for the Sixth Circuit · 1899
- Alabama Fuel & Iron Co. v. Adams, Rowe & NormanSupreme Court of Alabama · 1927
- Holton v. Job Iron & Steel Co.Court of Appeals for the Sixth Circuit · 1913
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