Walton v. Minturn
California Supreme Court
The action was brought by the plaintiff to recover compensation for attending a sale of property on behalf of the defendant. The canse was referred to a sole referee who reported in favor of the plaintiff. The defense insisted upon at the hearing before the referee was not set forth in the answer of the defendant, and, though received in evidence by the referee, appears not to have been considered by him, for that reason.
Read the full summary
The action was brought by the plaintiff to recover compensation for attending a sale of property on behalf of the defendant. The canse was referred to a sole referee who reported in favor of the plaintiff. The defense insisted upon at the hearing before the referee was not set forth in the answer of the defendant, and, though received in evidence by the referee, appears not to have been considered by him, for that reason. The rest of the facts are stated in the opinion of the court.
1Opinion of the Court
By the Court,
Lyons, J.
It is in evidence that Walton was employed by defendant to attend a government sale at Benicia, and there purchase for the latter certain merchandise, for which service he, defendant, was to pay plaintiff commissions at the rate of ten per cent, on the price.
The proposed purchases were made, and amounted to three thousand one hundred and ninety-two dollars and seventy-five cents.
Walton without consulting with defendant sold the same at an advance of eight hundred dollars, which profit was received and enjoyed by the latter, who refuses to pay the stipulated commissions,…
2Cited by6 opinions
- Atchison & Nebraska Railroad v. WashburnNebraska Supreme Court · 1876
- Singer v. Salt Lake Copper Mn'f'g Co.Utah Supreme Court · 1898
- Bishop v. StevensNebraska Supreme Court · 1891
- McHugh v. PeckTexas Supreme Court · 1867
- Prall v. PetersNebraska Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.