Jensen v. Bowen
North Dakota Supreme Court
Action for purchase price of grain. Counterclaim for commissions as real estate agent. Appeal from the District Court of Golden Valley County, W. C. Crawford, J. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, Ch. J. This is an action to recover $800 alleged to be the purchase price of grain sold to the defendant, hi. IL Bowen.
Read the full summary
Action for purchase price of grain. Counterclaim for commissions as real estate agent. Appeal from the District Court of Golden Valley County, W. C. Crawford, J. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, Ch. J. This is an action to recover $800 alleged to be the purchase price of grain sold to the defendant, hi. IL Bowen. The defendant admits the purchase, hut claims that the amount agreed to be paid was only $600. He then alleges, as a counterclaim, that on or about the 15th day of July plaintiff and defendant entered into an agreement whereby the plaintiff…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts as above). It is urged that the defendant, Bowen, was acting for Davis in the sale of the land; that Davis had promised him a commission for selling the same, and that since the proof sIioavs that the plaintiff, Jensen, had also agreed to pay him a commission, and this fact Avas not known to Davis, no recovery can be had.
There can be no doubt of the correctness of this contention, provided that the proof does not also show that the defendant Avas merely a broker or middleman. The rule is one of public policy. “The rule is intended to be not only remedial…
2Cases cited8 opinions
- Scribner v. CollarMichigan Supreme Court · 1879
- Rice v. Davis, Pennsylvania Court of Common Pleas, Luzerne County1890
- Leathers v. CanfieldMichigan Supreme Court · 1898
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Barry v. SchmidtWisconsin Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rhode v. BartholomewCalifornia Court of Appeal · 1949
- Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
- Spratlin, Harrington & Thomas, Inc. v. HawnCourt of Appeals of Georgia · 1967
- Horton v. Wright, Barrett, & Stilwell Co.North Dakota Supreme Court · 1919
- Gillmore v. MorelliNorth Dakota Supreme Court · 1991
6 more not listed; retrieve them via the Exa API.