Ramezzano v. Avansino
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; C. J. McFaclden, Judge. Action by John G. Ramezzano against L. Avansino. From judgment for plaintiff and an order denying motion for new trial, defendant appeals. The evidence is insufficient to warrant or justify the verdict or judgment. “The fact that defendant sold * * * for * * * less * * * to a person who had refused plaintiff’s offer * * * does not entitle plaintiff to compensation.”
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Appeal from Second Judicial District Court, Washoe County; C. J. McFaclden, Judge. Action by John G. Ramezzano against L. Avansino. From judgment for plaintiff and an order denying motion for new trial, defendant appeals. The evidence is insufficient to warrant or justify the verdict or judgment. “The fact that defendant sold * * * for * * * less * * * to a person who had refused plaintiff’s offer * * * does not entitle plaintiff to compensation.” Gilmore v. Bolio, 165 Mich. 633. “If the broker does not sell for more than amount named, he is entitled to no compensation whatever.” 9 C. J. 581;…
1Opinion of the Court
By the Court,
Ducker, J.:
This action was originally brought in the court below to recover the sum of $2,000 as damages for the breach of a written contract. The complaint was amended prior to the trial, and during the progress of the trial, and before the conclusion of his case, respondent, by leave of the court, again amended his complaint by including a count on quantum meruit. The trial of the *76cause before a j.ury resulted in a verdict for respondent in the sum of $1,500, and judgment was entered in accordance with the verdict. A motion for a new trial was made, which was denied by the…
2Cases cited8 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Parker v. National Mutual Building & Loan Ass'nWest Virginia Supreme Court · 1904
- Fultz v. WimerSupreme Court of Kansas · 1886
- Noyes v. CapertonWest Virginia Supreme Court · 1910
- Loxley v. StudebakerSupreme Court of New Jersey · 1907
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3Cited by14 opinions
- Bartsas Realty, Inc. v. LevertonNevada Supreme Court · 1966
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- Shell Oil Company v. Ed Hoppe Realty Inc.Nevada Supreme Court · 1975
- State Ex Rel. Paramount Publix Corp. v. District CourtMontana Supreme Court · 1931
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