Campbell v. Cove Ranch Land & Livestock Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action to recover commission for sale of real estate. 'Judgment for plaintiff. The respondent is not entitled to recover because H. F. Kilker did not perform his contract either in the time agreed or at all, nor was a payment made to the appellants as stipulated, either by H. F. Kilker or the respondent, and time was the essence of performance.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action to recover commission for sale of real estate. 'Judgment for plaintiff. The respondent is not entitled to recover because H. F. Kilker did not perform his contract either in the time agreed or at all, nor was a payment made to the appellants as stipulated, either by H. F. Kilker or the respondent, and time was the essence of performance. (Phillips v. Brown, 21 Ida. 62, 120 Pac. 454.) “The foundation of a broker’s claim to compensation must-be a contract for its payment,…
1Opinion of the Court
BOTHWELL, District Judge.
This is an action instituted by respondent, Stewart Campbell, against the Cove Ranch Land and Livestock Company, a corporation, to recover the sum of $3,000 for services rendered in connection with the sale of certain real estate in Blaine county, Idaho, as expressed in a written contract between respondent and appellant.
The cause was tried to a jury and a verdict was rendered in favor of the respondent for the sum of $3,000, with interest at the rate of six per cent .per annum from August 21, 1913, *448and judgment was thereupon rendered in favor of respondent and…
2Cases cited3 opinions
- McPhail v. BuellCalifornia Supreme Court · 1890
- Crane v. McCormickCalifornia Supreme Court · 1891
- National Drill & Mfg. Co. v. DavisSupreme Court of Oklahoma · 1911
3Cited by3 opinions
- Koron v. MyersIdaho Supreme Court · 1964
- Opinion No. (1987), Nebraska Attorney General Reports1987
- Thompson v. RyanSupreme Court of Iowa · 1920