Ward v. McQueen
North Dakota Supreme Court
Appeal from District Court, Steele county; Pollock, J. Action 'by Ward & Murray against James McQueen. Judgment for plaintiffs. Defendant appeals. Without written authority to him, an agent cannot execute a contract of sale of real estate of his principal as agent.
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Appeal from District Court, Steele county; Pollock, J. Action 'by Ward & Murray against James McQueen. Judgment for plaintiffs. Defendant appeals. Without written authority to him, an agent cannot execute a contract of sale of real estate of his principal as agent. Brandrup v. Britten, 11 N. D. 376, 92 N. W. 453; Ballon v. Bergvendsen, 9 N. D. 285, 83 N. W. 10 Before a broker, employed to sell real estate, can recover his commission, he must show that he has found a purchaser, ready, willing and able to purchase on all the terms and conditions imposed by the owner, and has brought such person…
1Opinion of the CourtYoung, C. J.
This action is brought by a firm of real estate brokers to recover the sum of $1,040, which they claim is due to them as commission for the sale of 1,040 acres of land owned by the defendant, which he had listed with them for sale. The defendant admits that he listed the lands with plaintiffs, but denies that they made or consummated a sale in accordance with the listing contract or otherwise. The listing contract was in writing, and fixed the selling price at $16 per acre, net, to the defendant, and gave to the plaintiffs the excess of the selling price above that sum as commission, and…
2Cases cited24 opinions
- Stewart v. MatherWisconsin Supreme Court · 1873
- Moses v. . BierlingNew York Court of Appeals · 1865
- Buckingham v. HarrisSupreme Court of Colorado · 1887
- Lockwood v. RoseIndiana Supreme Court · 1890
- Hart v. HoffmanNew York Court of Appeals · 1870
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3Cited by10 opinions
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- West v. Northern Pacific Railway Co.North Dakota Supreme Court · 1904
- Jones v. FordSupreme Court of Iowa · 1912
- Paulson v. ReedsNorth Dakota Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.