Legal Opinion

Wood v. Broderson

Idaho Supreme Court

Decided March 12, 1906PublishedCited by 25 opinions

APPEAL from District Court of the Seventh Judicial District for Canyon County. Hon. Frank J. Smith, Judge. Action to recover commission for sale of real estate. Judgment for the defendant. Where the court fails to find on all the material issues, the judgment must be reversed.

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APPEAL from District Court of the Seventh Judicial District for Canyon County. Hon. Frank J. Smith, Judge. Action to recover commission for sale of real estate. Judgment for the defendant. Where the court fails to find on all the material issues, the judgment must be reversed. (Stanley v. Flint, 10 Idaho, 629. 79 Pac. 815; Carson v. Theivs, 2 Idaho, 176, 9 Pac. 605; Bowman v. Ayers, 2 Idaho, 305, 13 Pac. 346; Armacaust v. Bindley, 116 Ind. 295, 19 N. E. 138; Haight v. Tyron, 112 Cal. 4, 44 Pac. 318.) A finding “that all the issues of fact raised by the pleadings are hereby found and decided…

1Opinion of the CourtSullivan, J.

This action was brought to recover a commission of $700 for services rendered in selling for the plaintiff forty acres of land, situated near the town of Payette, Canyon county, for the sum of $14,000. The complaint sets out two causes of action: one on contract, and the other on quantum meruit. It is alleged, among other things, in the first cause of action, that the plaintiff was a real estate agent, and on or about the 1st of January, 1903, defendant employed him to sell a certain forty-acre tract of land situated near the town of Payette, and promised to pay the plaintiff for services…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Haight v. TryonCalifornia Supreme Court · 1896
  2. McCarty v. Boise City Canal Co.Idaho Supreme Court · 1886
  3. Carson v. ThewsIdaho Supreme Court · 1886
  4. Standley v. FlintIdaho Supreme Court · 1905
  5. Johnson v. SquiresCalifornia Supreme Court · 1878

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3Cited by25 opinions

  1. Doe v. DoeIdaho Supreme Court · 2003
  2. Boothe v. Farmers & Traders Nat. BankOregon Supreme Court · 1908
  3. Brown v. MaceyIdaho Supreme Court · 1907
  4. Sterrett v. SweeneyIdaho Supreme Court · 1908
  5. Smith v. Mercy HospitalIdaho Supreme Court · 1939

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