Legal Opinion

Decker v. Widdicomb

Michigan Supreme Court

Decided July 27, 1904No. Docket No. 40PublishedCited by 5 opinions

Error to Kent; Perkins, J. Assumpsit by Peter W. Decker and Ered R. Jean, co-partners as Decker & Jean, against John Widdicomb for commissions on the sale of certain real estate. There was judgment for plaintiffs, and defendant brings error.

1Opinion of the CourtMoore, C. J.

Plaintiffs are real-estate men. They sued defendant to recover commissions amounting to #212.50. The case was tried by a jury, which rendered a verdict for that amount. The case is brought here by writ of error. The errors relied upon are a failure to direct a verdict because i

1. The undisputed evidence shows that the agency upon which plaintiffs relied was a special one for the sale of a certain amount of property to Mr. Wilcox at a certain price, and that plaintiffs did not succeed in carrying out their part of the contract.

2. The undisputed evidence shows that the agency was terminated…

2Cases cited4 opinions

  1. Antisdel v. CanfieldMichigan Supreme Court · 1899
  2. Heaton v. EdwardsMichigan Supreme Court · 1892
  3. Wood v. WellsMichigan Supreme Court · 1894
  4. Brooks v. LeathersMichigan Supreme Court · 1897

3Cited by5 opinions

  1. Wood v. SmithMichigan Supreme Court · 1910
  2. Reade v. HaakMichigan Supreme Court · 1907
  3. MacGregor v. PershaSupreme Court of Minnesota · 1928
  4. Montgomery v. EmpeyWyoming Supreme Court · 1927
  5. Gala v. SusnjarMichigan Supreme Court · 1958

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