Sullivan v. Milliken
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Florida. This action was brought by William Alfred Milliken, a citizen of New York, against Martin H. Sullivan, a citizen of Florida. The case was first tried on a declaration containing 12 counts, and resulted in a verdict for the defendant, Sullivan.
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In Error to the Circuit Court of the United States for the Northern District of Florida. This action was brought by William Alfred Milliken, a citizen of New York, against Martin H. Sullivan, a citizen of Florida. The case was first tried on a declaration containing 12 counts, and resulted in a verdict for the defendant, Sullivan. A new trial was granted by the circuit court, and the plaintiff amended his declaration by adding counts numbered 13 and 14. These counts differ but little, and counsel for the plaintiff (the defendant In error here) agrees that count No. 14 may be eliminated. The…
1Opinion of the CourtShelby, Circuit Judge
Did the circuit court err in overruling the demurrer to the declaration? This is an action by a broker against his principal for commissions for selling real estate. The declaration should contain a statement of facts which entitles the plaintiff to recover. No fact material to recovery should be left to inference. By considering what it is necessary for the plaintiff to prove in such case, we ascertain what must be alleged in the declaration. The issues to be tried involve the questions; (i) What did the broker undertake to do ? (2) Has he completed the undertaking within the time and upon…
2Cases cited6 opinions
- Express Co. v. Railroad Co.Supreme Court of the United States · 1879
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Mayer v. . McCreeryNew York Court of Appeals · 1890
- Hale v. KumlerCourt of Appeals for the Sixth Circuit · 1898
- Jacobs v. ShenonIdaho Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Watson v. OdellUtah Supreme Court · 1921
- Martin v. WilsonIdaho Supreme Court · 1913
- Snyder v. FidlerSupreme Court of Iowa · 1904
- Rogers Cole v. Cole Et Ux.Supreme Court of Vermont · 1925
- Arnold v. WellsNew Mexico Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.