Colvin v. Lyons
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. An action to recover commission as real estate brokers. Judgment for defendant on a motion for a nonsuit. Plaintiffs appeal. A motion for a nonsuit will not be granted where there is any evidence tending to sustain plaintiff’s cause of action. (York v. Pacific & N. Ry. Co., 8 Ida. 574, 69 Pac. 1042; Archibald’s Estate v. Matteson, 5 Cal.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. An action to recover commission as real estate brokers. Judgment for defendant on a motion for a nonsuit. Plaintiffs appeal. A motion for a nonsuit will not be granted where there is any evidence tending to sustain plaintiff’s cause of action. (York v. Pacific & N. Ry. Co., 8 Ida. 574, 69 Pac. 1042; Archibald’s Estate v. Matteson, 5 Cal. App. 441, 90 Pae. 726.) A motion for a nonsuit should only be granted when the evidence wholly fails to support the demands of the plaintiff. (Adams v.…
1Opinion of the CourtStewart, J.
This is an action to recover a commission for services as real estate brokers. At the close of plaintiffs’ evidence, the defendant moved for a nonsuit, which was sustained by the court, and judgment rendered for the defendant, respondent herein. A motion for a new trial was made and *182overruled, and this appeal is from the judgment, and from the order denying a motion for a new trial.. The important question presented upon this appeal is: Did the court err in granting the motion for a nonsuit % The evidence shows that Mrs. Lyons listed certain property with the plaintiffs for sale; that…
2Cases cited4 opinions
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Later v. HaywoodIdaho Supreme Court · 1906
- Wood v. BrodersonIdaho Supreme Court · 1906
- Smith v. AndersonIdaho Supreme Court · 1889
3Cited by5 opinions
- Donovan v. Boise CityIdaho Supreme Court · 1918
- Marshall v. GilsterIdaho Supreme Court · 1921
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- Culver v. KehlIdaho Supreme Court · 1912
- Goldensmith v. Snowstorm Mining Co.Idaho Supreme Court · 1916