Legal Opinion

Charles E. Walters Co. v. Hahn

South Dakota Supreme Court

Decided June 22, 1920No. File No. 4675PublishedCited by 4 opinions

Appealed from Circuit Court, Minnehaha County. Hon. Louis L. Fuírger, Judge. Action by Charles E. Walters 'Company, a corporation, against H. W. Hahn, 'to recover a broker’s commission upon sale of realty and bank stock. 'From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.

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Appealed from Circuit Court, Minnehaha County. Hon. Louis L. Fuírger, Judge. Action by Charles E. Walters 'Company, a corporation, against H. W. Hahn, 'to recover a broker’s commission upon sale of realty and bank stock. 'From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited, re “doing business”: Hart-Parr Co., v. Robb Lawrence Co., (N. D.) 106 N. W. 406; Simmons Burks 'Cloth Co. v. Linton (Ark.) 117 • s. W. 775- Respondent cited: Southwestern Slate Company v. Stephens, 139 Wis. 6x6; Re immateriality of locus…

1Opinion of the CourtWhiting, J.

Action to recover .broker’s commission claimed to have been earned by plaintiff through finding a purchaser ready, able, and willing to purchase certain property which defendant 'had listed with it for sale. Verdict directed for defendant. From the judgment thereon and from an order denying a new trial this appeal is taken.

[1] The listing contract was in writing and listed for sale a house and lot in this state, and stock in a bank organized and doing business within this state under the state banking laws. Plaintiff was a foreign corporation organized for a purpose that brought it under the…

2Cases cited3 opinions

  1. Dole v. SherwoodSupreme Court of Minnesota · 1889
  2. Ingold v. SymondsSupreme Court of Iowa · 1904
  3. Stablein v. Hutterische GemeindeSouth Dakota Supreme Court · 1920

3Cited by4 opinions

  1. Mandel Bros. v. Henry A. O'Neil, Inc.Court of Appeals for the Eighth Circuit · 1934
  2. Beck v. HowardSouth Dakota Supreme Court · 1920
  3. Tripp State Bank v. JerkeSouth Dakota Supreme Court · 1922
  4. Tripp State Bank v. JerkeSouth Dakota Supreme Court · 1922

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