Legal Opinion

Hallack v. Hinckley

Supreme Court of Colorado

Decided September 15, 1893PublishedCited by 3 opinions

Appeal from the District Court of Arapahoe County. Charles A. Hinckley, as plaintiff, brought this action to recover certain commissions upon the sale of mining property belonging to appellants, Erastus F. Hallack et al. In the complaint appellants’ ownership of the property is averred, and plaintiff’s employment as a mining broker pleaded.

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Appeal from the District Court of Arapahoe County. Charles A. Hinckley, as plaintiff, brought this action to recover certain commissions upon the sale of mining property belonging to appellants, Erastus F. Hallack et al. In the complaint appellants’ ownership of the property is averred, and plaintiff’s employment as a mining broker pleaded. It is further alleged that on the 15th day of February, A. d. 1888, the defendants agreed with plaintiff, in consideration of plaintiff’s agreement with them to exercise his skill and experience as a mining broker for them and in their behalf, to pay the…

1Opinion of the Court

Chiee Justice Hayt

delivered the opinion of the court.

The court instructed the jury in part as follows :

In other words, the jury are instructed that, under the pleadings and admissions entered of record in this case, the sale by the defendants of the mining properties described in the complaint to the said Willard R. Green is an admitted fact, and it remains for you to determine the following issues, affirmed on the one side and denied on the other, to wit:

“First. Did defendants agree with plaintiff to give plaintiff fifteen thousand dollars, if plaintiff should procure and introduce to the…

2Cases cited1 opinion

  1. Wray v. CarpenterSupreme Court of Colorado · 1891

3Cited by3 opinions

  1. Colorado Fuel & Iron Co. v. CummingsColorado Court of Appeals · 1896
  2. Walsh v. HastingsSupreme Court of Colorado · 1894
  3. Colorado Fuel & Iron Co. v. CummingsColorado Court of Appeals · 1896

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