Benham v. Ferris
Michigan Supreme Court
Error to Barry; Smith, J. Assumpsit by Charles B. Benham against Alonzo Ferris for commissions on. the sale of real estate. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff sued defendant, a nonresident of the county, in justice’s court, employing the writs of attachment and of garnishment.
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Error to Barry; Smith, J. Assumpsit by Charles B. Benham against Alonzo Ferris for commissions on. the sale of real estate. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff sued defendant, a nonresident of the county, in justice’s court, employing the writs of attachment and of garnishment. As appears by the return of the justice of the peace: “ The plaintiff declared on the common counts in assumpsit, and especially on a contract whereby defendant agreed to give the plaintiff a certain sum of money in case plaintiff found a purchaser for defendant’s farm.”…
1Opinion of the CourtOstrander, J.
(after stating the facts). We shall consider but one of the numerous assignments of error, which is the refusal of the court to charge the jury that:
“ Under the undisputed evidence in this case there was no such contract of agency proven and established by the plaintiff that will bind the defendant, Mr. Ferris, to the payment of a commission to the plaintiff, and the plaintiff cannot therefore recover under the proofs in this case.”
It is not claimed that defendant ever made any agreement with plaintiff to sell his lands, or ever saw or communicated with plaintiff. The claim of plaintiff is…
2Cited by2 opinions
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