Anderson v. Johnson
North Dakota Supreme Court
Appeal from District Court, Sargent County; Allen, J. Action by Anderson & Jorgenson against H. C. Johnson. Judgment for plaintiffs and defendant appeals. In the absence of stipulations to the contrary, a contract to sell land implies a marketable title.
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Appeal from District Court, Sargent County; Allen, J. Action by Anderson & Jorgenson against H. C. Johnson. Judgment for plaintiffs and defendant appeals. In the absence of stipulations to the contrary, a contract to sell land implies a marketable title. McLaughlin v. Wheeler, 47 N. W. 816; Loan Co. v. Thompson, 5 So. 473; Roberts v. Kimmons, 3 So. 736; Greusel v. Dean, 67' N. W. 275; Garnhart v. Rentchler, 72 111. 535. If the seller closed a sale to the broker’s 'customer on any terms, the broker’s commission is earned. Ward & Murray v. McQueen, 13 N. D. 153, 100 N. W. 253; Hubachek v.…
1Opinion of the CourtFisk, J.
This litigation arose in justice’s court and was appealed to the district court, where it was tried anew and judgment render*175ed in plaintiffs favor pursuant to a verdict directed by the court, from which judgment and from an order overruling defendant’s motion for judgment notwithstanding the verdict or for a new trial, •defendant has appealed to this court.
The cause of action upon which plaintiffs rely for a recovery is stated in their complaint, in substance, as follows: . That at all the times hereinafter mentioned plaintiffs were real estate brokers, doing business at Milnor, N. D., under…
2Cited by7 opinions
- Kruger v. SoreideNorth Dakota Supreme Court · 1976
- Paulson v. ReedsNorth Dakota Supreme Court · 1916
- Paulson v. ReedsNorth Dakota Supreme Court · 1918
- Fulton v. CretianNorth Dakota Supreme Court · 1908
- Grangaard v. BetzinaNorth Dakota Supreme Court · 1916
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