Witherbee v. Walker
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Hon. John I. Mullins, Judge. Action by Guernsey Walker against Lewis C. Witherbee and Lee C. Witherbee. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtJustice Campbell
This action is by a broker to recover commissions for the sale of defendants’ real estate. Trial before the jury resulted in favor of plaintiff, and defendants appeal.
The court should have granted defendants’ motion for nonsuit, made at the close of plaintiff’s case, and renewed after defendants produced their evidence. There is some doubt whether, under the evidence, the contract of employment was established. Plaintiff asked and obtained from the owners the price at which they were willing to sell, and it is uncertain whether anything more was done in that direction In Castner v.…
2Cases cited5 opinions
- Babcock v. MerrittColorado Court of Appeals · 1891
- Castner v. RichardsonSupreme Court of Colorado · 1893
- Scott v. LloydSupreme Court of Colorado · 1894
- Lawrence v. WeirColorado Court of Appeals · 1893
- Carper v. SweetSupreme Court of Colorado · 1899
3Cited by3 opinions
- Nation v. HarnessSupreme Court of Oklahoma · 1911
- Millage v. IrwinSupreme Court of Colorado · 1920
- Reed v. TaylorWyoming Supreme Court · 1958