Bankers Service Co. v. Schouweiler

Action to recover an agreed commission upon the sale of bank stock. There were findings for the defendant and the plaintiff appeals from the order denying its motion for a new trial.

The defendant was the owner of 40 shares of the stock of the Ohelsea State Bank, of Chelsea, South Dakota. The total number of shares was 100. On March 1, 1920, the defendant listed with the plaintiff for sale “40 to 60” shares. The plaintiff appreciated the advantage of having for sale a Controlling interest. One Deans and one Hein, friends of the defendant, each owned 10 shares. The defendant thought it likely…