Brockway v. Blair
Montana Supreme Court
Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by B. G-. Broekway against H. B. Blair. ’Judgment for plaintiff and defendant appeals from it and from an order denying him a new trial. Unquestionably the parties in the contract in question intended to say, and did say, that unless the plaintiff made the sale he was not entitled to a commission.
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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by B. G-. Broekway against H. B. Blair. ’Judgment for plaintiff and defendant appeals from it and from an order denying him a new trial. Unquestionably the parties in the contract in question intended to say, and did say, that unless the plaintiff made the sale he was not entitled to a commission. While we do not contend that the delivery of a ear would be necessary to constitute such a sale as would entitle plaintiff to his commission, yet we do assert that the plaintiff would be required to make such a contract…
1Opinion of the CourtJustice Holloway
In this action, plaintiff seeks to recover commissions alleged to be due upon the sale of three automobiles, under the following written agreement:
“This agreement made and entered into this 5th day of May, 1913, by and between H. B. Blair, of Livingston, and B, G. *534Brockway, of Billings, Montana, as follows: The said first party agrees to furnish Reo automobiles for the said second party to sell in Yellowstone and Carbon counties in the following manner: The said second party to get fifteen per cent (15) of sales. Said first party to furnish all automobiles on deposit of one hundred dollars…
2Cases cited7 opinions
- Stephens v. ElliottMontana Supreme Court · 1907
- Armstrong v. WannSupreme Court of Minnesota · 1882
- Ming v. PrattMontana Supreme Court · 1899
- Shober v. BlackfordMontana Supreme Court · 1912
- Quirk v. RichMontana Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cornner v. HamiltonMontana Supreme Court · 1922
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Surman v. CruseMontana Supreme Court · 1920
- Hill Cattle Corporation v. KillornMontana Supreme Court · 1927
- McConnell v. BlackleyMontana Supreme Court · 1923
5 more not listed; retrieve them via the Exa API.