Red River Valley Land Co. v. Hutchinson
North Dakota Supreme Court
Appeal from tbe District Court of Cass County, A. T. Oole, J. Defendant appeals. Upon an express contract set out in tbe complaint, tbe proof must be specific in support thereof, and proof of a different agreement, if allowed, amounts to a failure of proof, and entitles defendant to a directed verdict, upon motion therefor. Graangaard v. Betzina, 83 N. D. 267; Chaffee v. Widman, 48 Colo. 34, 139 Am.
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Appeal from tbe District Court of Cass County, A. T. Oole, J. Defendant appeals. Upon an express contract set out in tbe complaint, tbe proof must be specific in support thereof, and proof of a different agreement, if allowed, amounts to a failure of proof, and entitles defendant to a directed verdict, upon motion therefor. Graangaard v. Betzina, 83 N. D. 267; Chaffee v. Widman, 48 Colo. 34, 139 Am. St. Rep. 220, 108 Pac. 995. Where lands are listed with a broker for sale upon stated terms, the broker to receive a fixed sum as commissions, the execution of such listing contract to the point…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment in favor of the plaintiff and from an order denying a motion for a new trial, which were entered in the district court of Cass county. The action was brought for the recovery of a commission of $5,000 alleged to have been earned in negotiating a sale of the defendant’s land. The contract upon which the action is brought is alleged in the complaint as follows:
“That said defendant on or about the 20th day of May, 1916, offered in writing to this plaintiff through its said agent, Ingstad, that if it would become the agent of said defendant and make a sale of…
2Cases cited2 opinions
- Paulson v. ReedsNorth Dakota Supreme Court · 1918
- Grangaard v. BetzinaNorth Dakota Supreme Court · 1916
3Cited by3 opinions
- Paulson v. ReedsNorth Dakota Supreme Court · 1921
- Neff v. SchraderNorth Dakota Supreme Court · 1922
- Froling v. OdegardNorth Dakota Supreme Court · 1954