Black v. Bent
Supreme Court of Colorado
Appeal from the District Court of Prowers County. Action for broker’s commission upon the sale of real estate. Plaintiff’s complaint is in substance as follows : “ That the defendants are indebted to him in the sum of five thousand dollars ($5,000) on account of services rendered as a broker in the sale of a large tract of land (here follows description), and which sale was consummated for defendants by plaintiff on or about the-day of October, 1890; that for such sale and…
Read the full summary
Appeal from the District Court of Prowers County. Action for broker’s commission upon the sale of real estate. Plaintiff’s complaint is in substance as follows : “ That the defendants are indebted to him in the sum of five thousand dollars ($5,000) on account of services rendered as a broker in the sale of a large tract of land (here follows description), and which sale was consummated for defendants by plaintiff on or about the-day of October, 1890; that for such sale and services the defendants agreed to pay plaintiff the sum of five thousand dollars ($5,000).” Demand for judgment. The…
1Opinion of the CourtChief Justice IIayt
The first error assigned is upon the ruling of the court denying the defendants’ petition for a change of venue. This assignment of error must be overruled for two reasons:
1st. Shortly after the petition was filed and before a hearing or decision was had thereon, the county of Kiowa was attached to the county of Prowers for judicial purposes, thereby rendering the petition insufficient, as it contained no allegation that the -prejudice claimed extended to the inhabitants of the former county. Fitzgerald v. The People, 1 Colo. 56.
2d. All the material facts alleged in the petition and…
2Cases cited4 opinions
- Power v. PeopleSupreme Court of Colorado · 1892
- Skinner v. BeshoarSupreme Court of Colorado · 1874
- Fitzgerald v. PeopleSupreme Court of Colorado · 1867
- Clelland v. PeopleSupreme Court of Colorado · 1878
3Cited by7 opinions
- Insurance Co. of North America v. BonnerSupreme Court of Colorado · 1897
- Stockslager v. United StatesCourt of Appeals for the Ninth Circuit · 1902
- Boglino v. GiorgettaColorado Court of Appeals · 1904
- Philips v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1928
- Rocky Mountain Fuel Co. v. KovaicsColorado Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.