Root v. Barbour
Supreme Court of Colorado
Error to Denver District Court — Hon. Hubert L. Shattuck, Judge. Plaintiff in error brought suit to recover from defendants compensation at the rate of 12 1-2 cents per acre for a sale he claimed to have effected of eighteen sections of land in the vicinity of Byers. At the conclusion of the testimony, the court, on motion of defendants, directed the jury to return a verdict in their favor.
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Error to Denver District Court — Hon. Hubert L. Shattuck, Judge. Plaintiff in error brought suit to recover from defendants compensation at the rate of 12 1-2 cents per acre for a sale he claimed to have effected of eighteen sections of land in the vicinity of Byers. At the conclusion of the testimony, the court, on motion of defendants, directed the jury to return a verdict in their favor. Plaintiff was engaged in the real, estate business, and had advertised lands for sale in Colorado quite extensively through newspapers and circulars. Among other tracts advertised was what was known as the…
1Opinion of the CourtJustice Gabbert
The only question necessary to determine is, whether there is testimony tending to prove that plaintiff was the procuring cause of the sale. It is clear there is not. He never advertised it. Richards and his associates Avere not induced to come to Denver with a view of purchasing the eighteen sections. On the contrary, they came here at the suggestion or .solicitation of plaintiff, to purchase the Lapham ranch. He never mentioned the eighteen sections until Mr. Ferguson spoke about them. He never told Richards, or *404either of his party that he had this property for sale, and never offered it to…
2Cases cited5 opinions
- Babcock v. MerrittColorado Court of Appeals · 1891
- Geiger v. KiserSupreme Court of Colorado · 1910
- Lawrence v. WeirColorado Court of Appeals · 1893
- Cole v. ThornburgColorado Court of Appeals · 1893
- Wheeler v. BeersSupreme Court of Colorado · 1909
3Cited by2 opinions
- Williams v. SmithColorado Court of Appeals · 1914
- Williams v. SmithColorado Court of Appeals · 1914