Gaynor v. Clements
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This was an action by Alfred H. Clements, plaintiff below, against John W. Gaynor and Joseph Standley.
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Appeal from District Court of Arapahoe County. This was an action by Alfred H. Clements, plaintiff below, against John W. Gaynor and Joseph Standley. Plaintiff alleged an express contract by which, in consideration that he should obtain a purchaser for defendant’s horses, he should receive five per centum of the gross sum realized from the sale; that he procured a purchaser to whom the horses were sold for a large sum of money, but that defendants had refused to pay his commissions. The answer denied the material averments of the complaint, and also contained a special defense alleging an…
1Opinion of the CourtJustice Elliott
The assignments of error relate to the rulings of the court upon the admission and exclusion of evidence, to the giving and refusing of instructions, to the refusing of defendants’ motion for a new trial, and the entering of judgment for plaintiff. Ho argument having been presented relating to the admission or exclusion of evidence, or against the instructions “ given,” these matters will not be specially considered.
It is claimed in argument that plaintiff, by reason of certain language used by him pending the negotiations, is es-topped from maintaining his action for commissions against one…
2Cases cited4 opinions
- Dougherty v. PeopleSupreme Court of Colorado · 1872
- De Votie v. McGerrSupreme Court of Colorado · 1890
- Gillett v. CorumSupreme Court of Kansas · 1871
- Herbert v. HuieSupreme Court of Alabama · 1840
3Cited by15 opinions
- Davidson v. JenningsSupreme Court of Colorado · 1900
- Salazar v. TaylorSupreme Court of Colorado · 1893
- Kindel v. Beck & Pauli Lithographing Co.Supreme Court of Colorado · 1893
- Bessemer Irrigating Co. v. West Pueblo Ditch & Reservoir Co.Supreme Court of Colorado · 1918
- Howard v. FisherSupreme Court of Colorado · 1929
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