Newman v. Dunleavy
Montana Supreme Court
Appeal from District Court, Broadwater County; John A. Matthews, Judge. Action by O. C. Newman against John Dunleavy and Anthony Dunleavy, copartners doing business as Dunleavy Bros. From a judgment for defendants, plaintiff appeals.
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Appeal from District Court, Broadwater County; John A. Matthews, Judge. Action by O. C. Newman against John Dunleavy and Anthony Dunleavy, copartners doing business as Dunleavy Bros. From a judgment for defendants, plaintiff appeals. Although the owner reserves the right to sell the property himself, the mere fact that he has given a prospective purchaser an option on the property, subject to revocation by either party at any time, does not relieve him of liability for a commission, if the broker has found a customer ready, able and willing to buy on the owner’s terms. (York v. Nash, 42 Or.…
1Opinion of the CourtJustice Holloway
This action was instituted to recover $2,250, alleged to be due as broker’s commission for procuring a purchaser for real *152and personal property which defendants owned and desired to sell. The complaint counts upon a written contract of employment dated September 25, 1911, and alleges that on or about May 20, 1912, plaintiff procured a prospective purchaser who was ready, able and willing to buy the property at the agreed price and upon defendants’ terms. The answer is substantially a general denial and an affirmative plea that defendants gave the plaintiff an option to purchase their property…
2Cases cited2 opinions
- Brophy v. Idaho Produce & Provision Co.Montana Supreme Court · 1904
- Laux v. HoglMontana Supreme Court · 1912
3Cited by8 opinions
- Andersen v. SchenkMontana Supreme Court · 2009
- Dick v. KingMontana Supreme Court · 1925
- Johnson v. OgleMontana Supreme Court · 1947
- Cobb v. WarrenMontana Supreme Court · 1922
- Skinner v. Red Lodge Brewing Co.Montana Supreme Court · 1927
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