Hunter v. Sutton
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; Mark R. Averill, Judge. Action by Harry H. Hunter, Jr., against Thomas Sutton. Judgment for plaintiff, and defendant appeals. The complaint does not state a cause of action. It cannot be ascertained therefrom whether. the suit is brought on the theory of obtaining damages for the loss of probable profits or for commissions earned by a broker, or for both.
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Appeal from Sixth Judicial District Court, Humboldt County; Mark R. Averill, Judge. Action by Harry H. Hunter, Jr., against Thomas Sutton. Judgment for plaintiff, and defendant appeals. The complaint does not state a cause of action. It cannot be ascertained therefrom whether. the suit is brought on the theory of obtaining damages for the loss of probable profits or for commissions earned by a broker, or for both. Where a case is submitted on two theories, one of which is erroneous, and it is impossible to determine on which theory the court or jury acted, the judgment must be reversed. King…
1ConcurrenceColeman, J.
I concur in the order of reversal, but upon a somewhat different theory from that of my esteemed associate.
Brushing aside superfluities, the facts are that the plaintiff obtained from defendant an option upon a group of mining claims, with the privilege of purchasing them for $75,000, to be paid out of the net proceeds of the ore shipped from the development. At the same time, he obtained an agreement, reciting the execution of the option, with the understanding that the plaintiff' was “going to endeavor to sell the said mining claims to other parties, for the purpose of making a commission…
2Cases cited7 opinions
- Stewart v. MatherWisconsin Supreme Court · 1873
- House v. JacksonOregon Supreme Court · 1893
- Finnerty v. FritzSupreme Court of Colorado · 1879
- Schroeder v. GemeinderNevada Supreme Court · 1875
- Christianson v. Mille Lacs Land & Loan Co.Supreme Court of Minnesota · 1910
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