Young v. Metcalf Land Co.
North Dakota Supreme Court
Appeal from District Court, Cass -county; Chas. A. Pollock, J. Action by James C. Young against the Metcalf Land Company. Judgment for plaintiff, and defendant appeals. Where no terms are fixed by contract, the broker is to submit offers for his employer’s approval; the broker is not entitled to his commission until his employer accepts the offer. 23 Am. & Eng.
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Appeal from District Court, Cass -county; Chas. A. Pollock, J. Action by James C. Young against the Metcalf Land Company. Judgment for plaintiff, and defendant appeals. Where no terms are fixed by contract, the broker is to submit offers for his employer’s approval; the broker is not entitled to his commission until his employer accepts the offer. 23 Am. & Eng. Enc. -of Law (2nd.) 921; Sawyer v. Bowman-, 59 N. W. 27; Goin v. Hess, 71 N. W. 218; Berry v. Tweed, -61 N. W. 858 ; Kiam v. Turner, 21 Tex. Civ. App. 417. A broker must submit a buyer who is ready, willing and able to purchase on…
1Opinion of the CourtCarmody, J.
This is an action by respondent, a real estate dealer of Minneapolis, Minn., to recover damages against appellant, a N!ew Jersey corporation, that owned a large number of tracts of land in Barnes, Stutsman, and other counties, in this state. On January 20, 1897, they entered into the following contract:
“This agreement, made this 20th day of January, A. D. 1897, by and between the Metcalf Land Company, of New Jersey, party of the first part, and James C. Young, of Minneapolis, Minnesota, party of the second part.
“Witnesseth: Whereas said Metcalf Land Company is the owner in fee of the…
2Cases cited10 opinions
- Hawley v. SmithIndiana Supreme Court · 1873
- McFarland v. LillardIndiana Court of Appeals · 1891
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
- Colburn v. SeymourSupreme Court of Colorado · 1904
- Durkee v. GunnSupreme Court of Kansas · 1889
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3Cited by10 opinions
- Alm Construction Company v. VertinNorth Dakota Supreme Court · 1962
- Ireland v. CharlesworthNorth Dakota Supreme Court · 1959
- Baird v. FuerstNorth Dakota Supreme Court · 1931
- Great Plains Supply Co. v. Mobil Oil CompanyNorth Dakota Supreme Court · 1969
- Gunderson v. JohnsonNorth Dakota Supreme Court · 1965
5 more not listed; retrieve them via the Exa API.