Bouton v. Carson
Supreme Court of Oklahoma
Error from County Court, Kay County; Claud Duval, Judge. Action-by J. E. Carson against H. E. Bouton. Judgment for plaintiff, and defendant brings error. This was an . action to recover commissions alleged to be due the plaintiff for the sale of lands belonging to the defendant below.
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Error from County Court, Kay County; Claud Duval, Judge. Action-by J. E. Carson against H. E. Bouton. Judgment for plaintiff, and defendant brings error. This was an . action to recover commissions alleged to be due the plaintiff for the sale of lands belonging to the defendant below. The petition' alleged, in substance, that the defendant was the owner of certain land in Kay county (describing it), and that the defendant agreed to pay plaintiff the customary commissions if he could sell, it, the price being fixed at $8,500; that plaintiff found and produced one Linch as a purchaser ready,…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). The first assignment of error contained in the brief is not available to .the plaintiff in error in this court. He did not plead that Carson had been unfaithful to his trust, nor. did he request any instruction on this question. The record 'shows that the defense in the court below was on the theory that Carson had not effected the sale of the land, but, that this was done by Hall, Cullen & Hall, and for this reason the defendant was not liable, and, as far as we can gather from the record, the question now presented was never…
2Cases cited13 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Harris v. First Nat. Bank of BokchitoSupreme Court of Oklahoma · 1908
- Huff v. Territory of OklahomaSupreme Court of Oklahoma · 1905
- Wattenbarger v. HallSupreme Court of Oklahoma · 1910
- Nation v. HarnessSupreme Court of Oklahoma · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wagoner Oil & Gas Co. v. MarlowSupreme Court of Oklahoma · 1929
- Shawnee Nat. Bank v. PoolSupreme Court of Oklahoma · 1916
- Render v. LillardSupreme Court of Oklahoma · 1916
- Washington v. MortonSupreme Court of Oklahoma · 1923
- Cole v. KinchSupreme Court of Oklahoma · 1928
6 more not listed; retrieve them via the Exa API.