Colburn v. Seymour
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action by appellee, as plaintiff, to recover from appellant, as defendant, commissions claimed to bave been earned as a mining broker. From a judgment for plaintiff in tbe sum of two hundred thousand dollars, the defendant appeals.
Read the full summary
Appeal from the District Court of Arapahoe County. Action by appellee, as plaintiff, to recover from appellant, as defendant, commissions claimed to bave been earned as a mining broker. From a judgment for plaintiff in tbe sum of two hundred thousand dollars, the defendant appeals. The defendant agreed with the plaintiff that if the latter would effect a sale of the property of The Gold King Mining Company for the sum of two. million dollars, that the plaintiff should receive on such sale a commission of ten per cent. The parties do not agree with respect to the further terms and conditions…
1Opinion of the CourtChief Justice Gabbert
The conditions under which a broker employed to sell real estate becomes entitled to commissions when a sale does not actually take place, have been variously stated according to the variant facts under consideration. The general rule in such circumstances is, that he cannot recover commissions unless he shows that he procured and produced to his principal a person ready, willing and able to purchase the property upon the terms and conditions under which he was authorized to negotiate a sale. — Buckingham v. Harris, 10 Colo. 455; Wray v. Carpenter, 16 Colo. 271; Babcock v. Merritt, 1 Colo.…
2Cases cited26 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wilson v. MasonIllinois Supreme Court · 1895
- Mattingly v. PennieCalifornia Supreme Court · 1895
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Mooney v. . ElderNew York Court of Appeals · 1874
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shell Oil Co. v. KaplerSupreme Court of Minnesota · 1951
- Young v. Metcalf Land Co.North Dakota Supreme Court · 1909
- C. O. Frick Co. v. BaetzelOhio Court of Appeals · 1942
- Perkins v. RussellSupreme Court of Colorado · 1913
- Henry Broderick, Inc. v. BakerWashington Supreme Court · 1929
13 more not listed; retrieve them via the Exa API.