Duncan v. Capehart
Supreme Court of Colorado
Appeal from the District Court of El Paso County. Eon. Louis W. Cunningham, Judge. On Rehearing. Action by Aaron Capehart against James' C. Dnncan, Lydia H. Hall, A. T. Hall, J. C. Duncan, J. C. Stremming and A. T. Stockdale, From a judgment for plaintiff, defendant Dnncan appeals.
1Opinion of the CourtJustice G-oddard
This action was brought by appellee against Lydia Hall, Frank H. Hall, A. T. Hall, J. C. Duncan, J. C. Stremming, and A. T. Stockdale to recover $2,500 claimed to be due him as a commission for the sale of certain mining claims belonging to them. It is averred in the complaint that the defendants, being the owners of certain mining claims, “agreed with the plaintiff that if he would procure or find a purchaser for said mining claims for the purchase price of $67,500, they would pay,” as a commission, $2,500. That thereupon, pursuant to such agreement, plaintiff proceeded to procure, or find,…
2Cases cited17 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- McIntosh v. . EnsignNew York Court of Appeals · 1863
- Crews v. LacklandSupreme Court of Missouri · 1878
- Lewis v. ClarkinCalifornia Supreme Court · 1861
- Stedeker v. . BernardNew York Court of Appeals · 1886
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3Cited by4 opinions
- Fedderson v. GoodeSupreme Court of Colorado · 1944
- Smith v. Eagle Mfg. Co.Supreme Court of Oklahoma · 1910
- Beatty v. ReslerSupreme Court of Colorado · 1941
- East v. McClungSupreme Court of Colorado · 1911