Arnold v. Wells
New Mexico Supreme Court
Appeal from District Court, Chaves County; G. A. Richardson, Judge. Action by C. M. Arnold and another against M. Y. Wells and another. From a judgment for plaintiffs, defendants appeal. Broker to recover must allege he was employed to sell property; that he sold it; that he furnished purchaser, and if sale was not made that failure to complete same was caused by fault of principal.
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Appeal from District Court, Chaves County; G. A. Richardson, Judge. Action by C. M. Arnold and another against M. Y. Wells and another. From a judgment for plaintiffs, defendants appeal. Broker to recover must allege he was employed to sell property; that he sold it; that he furnished purchaser, and if sale was not made that failure to complete same was caused by fault of principal. Sullivan v. Milliken, 113 Fed. 93; McGavock v. Wood-lief, 20 Howard, (H. S.) 221, 227; Hanan v. Greenfield, (Or.) 58 Pac. 888; Colburn v. Seymour, (Cal.)' 7G Pac. 1058; Jacobs v. Shenon» (Idaho) 29 Pac. 44;…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, District Judge
(after stating the facts as above) — [1] Mullen v. Bower, 22 Ind. App. 294, 53 N. E. 790, Miller v. Stevens, 23 Ind. App. 365, 55 N. E. 262, and Lunsford v. Bailey, 142 Ala. 319, 38 South. 362, cited by appellees, are to the effect that the allegation “that plaintiffs fully performed the conditions and terms of said contract as by them contracted, and furnished a purchaser for defendants’ said lands,” is a sufficient averment that a sale was actually consummated between the defendants and the purchaser furnished by the plaintiffs, but we -find by…
2Cases cited5 opinions
- Booth v. MoodyOregon Supreme Court · 1896
- Mullen v. BowerIndiana Court of Appeals · 1899
- Miller v. StevensIndiana Court of Appeals · 1899
- Sullivan v. MillikenCourt of Appeals for the Fifth Circuit · 1902
- Lunsford v. Bailey & HowardSupreme Court of Alabama · 1904
3Cited by1 opinion
- Maxwell v. HollandNew Mexico Supreme Court · 1920