Legal Opinion

Church v. Van Housen

Idaho Supreme Court

Decided August 3, 1908PublishedCited by 2 opinions

APPEAL from the District Court of the Fifth- Judicial District for Bannock County. Hon. Alfred Budge, Judge. An action to recover a commission for services as real estate brokers. Judgment for defendant. Plaintiffs appeal. If a broker is encouraged by a property owner to aid in a sale and led to believe that he will receive compensation, the owner cannot accept the benefit of his services and deny him compensation.

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APPEAL from the District Court of the Fifth- Judicial District for Bannock County. Hon. Alfred Budge, Judge. An action to recover a commission for services as real estate brokers. Judgment for defendant. Plaintiffs appeal. If a broker is encouraged by a property owner to aid in a sale and led to believe that he will receive compensation, the owner cannot accept the benefit of his services and deny him compensation. (Steidl v. McClymonds, 90 Minn. 205, 95 N. W. 906.) This court has repeatedly held that the appellate court will not disturb a judgment or verdict or order denying a new trial…

1Opinion of the CourtStewart, J.

The sole question presented on this appeal is: Does the evidence warrant the verdict? This action is to recover commission for services as real estate brokers. Trial was had to a jury and a verdict was rendered for the defendant.

It appears from the evidence that the plaintiffs were engaged in the real estate business in Pocatello, Idaho; that the defendant .owned certain real estate in Pocatello and lived in Salt Lake, Utah; that on November 15, 1906, the plaintiffs wrote to the defendant the following letter:

“Dear Sir: Is your vacant corner at Arthur avenue and Clark street adjoining the…

2Cases cited2 opinions

  1. Pine v. CallahanIdaho Supreme Court · 1902
  2. Vollmer Clearwater Co. v. RogersIdaho Supreme Court · 1907

3Cited by2 opinions

  1. Eaves v. SheppardIdaho Supreme Court · 1909
  2. Pomeroy v. GordanIdaho Supreme Court · 1913

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