Reich v. Workman
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; STATEMENT BY THE. COURT. R. L. Workman instituted this action against J. L. Reich to recover commissions for selling real estate for the latter. The material facts are substantially as follows: On the 20th day of June, 1911, R. L. Workman and J. L. Reich entered into a written contract whereby the former became agent for the latter, for a stated commission, to sell his real estate.
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Appeal from Boone Circuit Court; George W. Reed, Judge; STATEMENT BY THE. COURT. R. L. Workman instituted this action against J. L. Reich to recover commissions for selling real estate for the latter. The material facts are substantially as follows: On the 20th day of June, 1911, R. L. Workman and J. L. Reich entered into a written contract whereby the former became agent for the latter, for a stated commission, to sell his real estate. That part of the contract material to the issue raised by the appeal is as follows: “It is further agreed that the above contract shall not in any way prevent…
1Opinion of the Court
Hart, J.,
(after stating the facts). At the request of the defendant, the court instructed the jury as follows:
“1.. It is admitted that the defendant made the sale in question, and therefore your verdict will be for the defendant, unless you further find from a preponderance of the testimony that the plaintiff was instrumental in making the sale.”
“2. By ‘instrumental’ is meant the doing of something in connection with the sale by the plaintiff that was a direct moving cause of the sale being made.”
At the request of the plaintiff, and over the objection of the defendant, the court, among other…
2Cases cited5 opinions
- Veasey v. CarsonMassachusetts Supreme Judicial Court · 1900
- Scott v. Patterson & ParkerSupreme Court of Arkansas · 1890
- Stiewel v. LallySupreme Court of Arkansas · 1909
- Branch v. MooreSupreme Court of Arkansas · 1907
- Hunton v. MarshallSupreme Court of Arkansas · 1905
3Cited by2 opinions
- Balser v. RamseurSupreme Court of Arkansas · 1945
- Thomason v. HesterSupreme Court of Arkansas · 1931