Shober v. Blackford
Montana Supreme Court
Appeal from District Court, Fergus County; Sydney Sanner, Judge of the Seventh Judicial District, presiding. Action by J. H. Shober, Jr., against William M. Blackford, as administrator of the estate of Philip I. Moule, deceased. From a judgment for defendant, and an order denying a new trial, plaintiff appeals.
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Appeal from District Court, Fergus County; Sydney Sanner, Judge of the Seventh Judicial District, presiding. Action by J. H. Shober, Jr., against William M. Blackford, as administrator of the estate of Philip I. Moule, deceased. From a judgment for defendant, and an order denying a new trial, plaintiff appeals. Bespondent contended in the court below that we were bound to show that the purchaser produced by Shober was able, willing and ready to pay the price fixed in the contract as the net price to Moule, viz., five dollars per acre. On this theory the respondent would have also limited the…
1Opinion of the CourtChief Justice Brantlt
Action by plaintiff to recover a commission for his services as real estate broker. Philip I. Moule, a resident of Fergus county, Montana, died on March 18, 1909. Thereafter the defendant, having been appointed administrator of his estate, entered upon the discharge of his duties as such, and is now acting in that capacity. On July 24, 1907, the said Moule, being the owner of a large amount of real estate and other property, *200and desiring to sell the same, employed the plaintiff to procure a purchaser upon the terms and subject to the conditions set forth in the following writing:
“Bercail,…
2Cases cited22 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Stewart v. MatherWisconsin Supreme Court · 1873
- Hoadley v. Savings BankSupreme Court of Connecticut · 1899
- Hafner v. HerronIllinois Supreme Court · 1896
- Kock v. EmmerlingSupreme Court of the United States · 1860
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3Cited by16 opinions
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- Stromberg v. Seaton Ranch CompanyMontana Supreme Court · 1972
- Montana Auto Finance Corp. v. British & Federal Fire UnderwritersMontana Supreme Court · 1924
- Andersen v. SchenkMontana Supreme Court · 2009
- Barrett v. BallardMontana Supreme Court · 1980
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