McDonald v. Bœing
Michigan Supreme Court
Error to Saginaw. Assumpsit. Plaintiff brings error. Commissions for selling may be earned by procuring a purchaser, Knapp v. Wallace 41 N. Y. 477; Lincoln v. McClatchie 36 Conn. 136; Cook v. Fislce 12 Gray 491; McCreery v. Green 38 Mich. 172. Acceptance of terms is necessary to complete a contract of employment, Chic. & G. E. Ry. v. Dane 43 N. Y. 240; Averill v. Hedge 12 Conn. 424; Martin v. Black 21 Ala. 721; a broker has not earned his commission until he has found a…
Read the full summary
Error to Saginaw. Assumpsit. Plaintiff brings error. Commissions for selling may be earned by procuring a purchaser, Knapp v. Wallace 41 N. Y. 477; Lincoln v. McClatchie 36 Conn. 136; Cook v. Fislce 12 Gray 491; McCreery v. Green 38 Mich. 172. Acceptance of terms is necessary to complete a contract of employment, Chic. & G. E. Ry. v. Dane 43 N. Y. 240; Averill v. Hedge 12 Conn. 424; Martin v. Black 21 Ala. 721; a broker has not earned his commission until he has found a purchaser ready to buy on the terms prescribed by his principal, McGavock v. Woodlief 20 How. 221; Darrow v. Harlow 21 Wis.…
1Opinion of the CourtCooley, J.
The plaintiff sues to recover commissions on a sale of lands. The defendant denies that he ever employed the plaintiff to make the sale on which commissions are claimed, and it is conceded that the defendant made the sale himself; the plaintiff claiming only to have been the procuring cause thereof.
The controversy turns upon the question of employment. The dealings of the parties were exclusively by mail and telegraph. On August 22, 1878, plaintiff wrote defendant, inquiring if his lands on sections 16 and 19, town 22 north, range two west, were for sale, and if so, requesting terms and…
2Cases cited3 opinions
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Fraser v. . WyckoffNew York Court of Appeals · 1875
- Darrow v. HarlowWisconsin Supreme Court · 1867
3Cited by8 opinions
- Toussaint v. Blue Cross & Blue ShieldMichigan Supreme Court · 1980
- Dumas v. Auto Club Ins. Ass'nMichigan Court of Appeals · 1988
- Bullock v. Auto. Club of Mich.Michigan Court of Appeals · 1985
- Toussaint v. Blue Cross and Blue ShieldMichigan Court of Appeals · 1977
- Gilmore v. BolioMichigan Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.