Levy v. Spencer
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This action was instituted by the appellee in the district court of Arapahoe county to recover from the appellant a part of a commission received by him on account of a certain real estate transaction.
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Appeal from the District Court of Arapahoe County. This action was instituted by the appellee in the district court of Arapahoe county to recover from the appellant a part of a commission received by him on account of a certain real estate transaction. On the 14th day of March, 1890, the plaintiff filed an amended complaint, which in substance is as follows: “ That both plaintiff and defendant herein are real estate agents, residing and doing business in the city of Denver, and the state of Colorado, and were so residing and doing business in said city at the times herein mentioned. “ That on…
1Opinion of the CourtJustice Goddard
This record presents but one question that we can properly *537consider, and. one that was fully and fairly presented in the court below by the demurrer, the answer and the objection to the admission of any.testimony under the complaint, and that is, whether the complaint states a cause of action: This is to be determined by the validity or invalidity of the agreement as therein stated, upon which appellee predicates his right to recover. In our judgment, this agreement comes clearly within that class of contracts that are inhibited by public policy, and consequently void. By its terms each agent…
2Cases cited1 opinion
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
3Cited by11 opinions
- Mees v. GrewerNorth Dakota Supreme Court · 1932
- Potter v. SwinehartSupreme Court of Colorado · 1947
- Scott v. KelsoCourt of Appeals of Texas · 1910
- Corder v. O'NeillSupreme Court of Missouri · 1907
- Williams v. Knight Realty Co.Court of Appeals of Texas · 1919
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