Legal Opinion

Quinlivan v. Dennstedt Land Co.

North Dakota Supreme Court

Decided April 2, 1918PublishedCited by 5 opinions

Appeal from the District Court of Barnes County, Coffey, J. From an order denying a new trial, plaintiff appeals. After a broker has found a customer and negotiations are commenced,, neither the principal nor the customer can break them off and defeat the broker’s right to commissions by concluding the transaction without his aid. 19 Cyc. 262; Scott v. Clarke (S. D.) 54 N. W. 540;, Nicholas v. Jones (Neb.) 37 N. W. 679; Donohue v. Padden (Wis.) 66 N. W. 804; McKenzie v. Lego…

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Appeal from the District Court of Barnes County, Coffey, J. From an order denying a new trial, plaintiff appeals. After a broker has found a customer and negotiations are commenced,, neither the principal nor the customer can break them off and defeat the broker’s right to commissions by concluding the transaction without his aid. 19 Cyc. 262; Scott v. Clarke (S. D.) 54 N. W. 540;, Nicholas v. Jones (Neb.) 37 N. W. 679; Donohue v. Padden (Wis.) 66 N. W. 804; McKenzie v. Lego (Wis.) 74 N. Y . 249; Potvin v. Curran (Neb.) 14 N. W. 400; O’Toole v. Tucker (N. T.) 38 N. Y„ S. 9G9; David-Fischer…

1Opinion of the CourtChristianson, J.

The defendant is a corporation engaged in land business. The plaintiff is one of its sales agents, and he brings the instant case to recover $5,395 and interest, which he claims is owing to him for procuring a certain purchaser for the defendant.

It appears that on May 1, 1915, the plaintiff and defendant entered into a written contract, under the terms of which the defendant appointed the plaintiff “as its district agent, with the privilege of selecting subagents, to cover the following described territory, to wit: The counties of Jerauld, Sanborn, Miner, Minnehaha, Hutchinson, Turner,…

2Cases cited2 opinions

  1. Colean Manufacturing Co. v. BlanchettNorth Dakota Supreme Court · 1907
  2. Westby v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1911

3Cited by5 opinions

  1. Cargill, Inc. v. KavanaughNorth Dakota Supreme Court · 1975
  2. Reitman v. MillerNorth Dakota Supreme Court · 1952
  3. Van Nice v. Christian Reformed ChurchNorth Dakota Supreme Court · 1930
  4. Ley v. GulkeNorth Dakota Supreme Court · 1929
  5. Reitman v. MillerNorth Dakota Supreme Court · 1952

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