Spotswood v. Morris
Idaho Supreme Court
APPEAL from the District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Action to recover commissions for sale of real estate. Demurrer to complaint sustained and judgment of dismissal entered. The facts are stated in the opinion. Where the facts, constituting the cause of action, are peculiarly'within the knowledge of the defendants, the plaintiff is permitted to state his cause of action in as many forms as may be necessary to meet the contingencies of proof.
Read the full summary
APPEAL from the District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Action to recover commissions for sale of real estate. Demurrer to complaint sustained and judgment of dismissal entered. The facts are stated in the opinion. Where the facts, constituting the cause of action, are peculiarly'within the knowledge of the defendants, the plaintiff is permitted to state his cause of action in as many forms as may be necessary to meet the contingencies of proof. A motion to elect should be denied. (Bucher v. Hall, 105 Cal. 425, 38 Pac. 962; Whitney v. Railway Go., 27 Wis. 327;…
1Opinion of the Court
SULLIVAN, C. J. —
This is an appeal from a judgment of dismissal given and entered after demurrers to the complaint were sustained. The action was brought to recover commission alleged to have been earned in a real estate transaction. It is alleged, in the complaint that the defendants are a voluntary, unincorporated joint-stock company. The plaintiffs, who are appellants here, are real estate dealers. The defendants owned a large tract of land situated in Idaho county, which they, through their vice-president and secretary, placed with plaintiffs for sale at a specified price. Said contract…
2Cases cited4 opinions
- Wilson v. SmithCalifornia Supreme Court · 1882
- Rucker v. HallCalifornia Supreme Court · 1895
- Smith v. AndersonIdaho Supreme Court · 1889
- People v. SlocumIdaho Supreme Court · 1866
3Cited by8 opinions
- Smith v. WilliamsOregon Supreme Court · 1947
- Spotswood v. MorrisIdaho Supreme Court · 1906
- Tsuboi v. CohnIdaho Supreme Court · 1924
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
- J. R. Grand Agency, Inc. v. StaringSupreme Court of Louisiana · 1924
3 more not listed; retrieve them via the Exa API.