Smith v. Starke
Michigan Supreme Court
Error to Berrien; Bridgman, J. Assumpsit in justice’s court by Charles P. Smith against Burton G. Starke for broker’s commissions. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtFellows, J.
Several interesting questions are discussed in this case, in which defendant brings up. for review a judgment of $25 rendered in the circuit court for the county of Berrien, upon appeal from justice’s court; but as we think one question is controlling, we shall omit any discussion of the others. This single question is whether Act No. 238, Pub. Acts *3131913 (3 Comp. Laws 1915, § 11981), which adds the following provision to the statute of frauds:
“Every agreement, promise or contract to pay any commission for or upon the sale of any interest in real estate”
—prevents a recovery upon the…
2Cases cited5 opinions
- Paul v. GrahamMichigan Supreme Court · 1916
- McGavock v. DucharmeMichigan Supreme Court · 1916
- Rogers v. DuffCalifornia Supreme Court · 1892
- Mooney v. HoughSupreme Court of Alabama · 1887
- In re Klein's EstateMichigan Supreme Court · 1908
3Cited by27 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Baugh v. DarleyUtah Supreme Court · 1947
- Krause v. BoraksMichigan Supreme Court · 1954
- Summers v. HoffmanMichigan Supreme Court · 1955
- Sweeney & Moore, Inc. v. ChapmanMichigan Supreme Court · 1940
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