Ranson v. Weston
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by David J. Ranson against Abijah Weston for commissions on the sale of real estate. From a judgment for plaintiff, defendant brings error. In 1893 the defendant owned several tracts of pine land in Luce county, in townships 46 and 47, range 11 west, and in 46 and 47, range 12 west, comprising in all about 20,000 acres.
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Error to Wayne; Donovan, J. Assumpsit by David J. Ranson against Abijah Weston for commissions on the sale of real estate. From a judgment for plaintiff, defendant brings error. In 1893 the defendant owned several tracts of pine land in Luce county, in townships 46 and 47, range 11 west, and in 46 and 47, range 12 west, comprising in all about 20,000 acres. October 2d, plaintiff, aland looker, and agent for the sale of lands on commission, wrote to defendant, soliciting the power to sell these lands upon a commission of 5 per cent. After considerable correspondence, defendant wrote plaintiff,…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The learned - counsel for the defendant insists that the court should have directed a verdict for the defendant, for the reason that plaintiff had not effected a sale, and that there was no evidence that he secured the purchaser, the Danaher & Melendy Company. Defendant took the advantage and received the benefit of the plaintiff’s examination and estimate of the value of his lands. On December 21st his agent, Mr. Fox, wrote Danaher, who represented the company, as follows:
“He [Weston] has had them carefully examined and estimated recently by Mr. D. J. Ranson.…
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