Legal Opinion

Wilkins v. Kessinger

Washington Supreme Court

Decided April 1, 1916No. 13067PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Pierce county, Card, J., entered November 9, 1914, upon findings in favor of the plaintiff, in an action to recover a broker’s commission, tried to the court.

1Opinion of the CourtMain, J.

This action was brought for the purpose of recovering one-half of the commission earned upon a real estate transaction. The cause was tried to the court without a jury, and resulted in a judgment in favor of the plaintiff for the sum of $113.75. From this judgment, the defendant appeals.

The appellant construes the complaint as alleging an express contract for an equal division of the commission. The respondent construes the complaint as an implied contract, at least in so far as it pertains to the manner of the division of the commission. In the complaint, there is no allegation of a local…

2Cases cited9 opinions

  1. First National Bank v. Farmers & Merchants BankNebraska Supreme Court · 1898
  2. Smith v. StewartSupreme Court of Oklahoma · 1911
  3. Williams v. NinemireWashington Supreme Court · 1900
  4. Lindley v. First National BankSupreme Court of Iowa · 1889
  5. Hayden v. Grillo's AdministratorMissouri Court of Appeals · 1890

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3Cited by8 opinions

  1. Codd v. Westchester Fire InsuranceWashington Supreme Court · 1942
  2. Simons v. Stokely Foods, Inc.Washington Supreme Court · 1950
  3. Williams v. LedbetterOregon Supreme Court · 1929
  4. Washington Brick, Lime & Sewer Pipe Co. v. AndersonWashington Supreme Court · 1934
  5. Douglass v. StacheckiCourt of Appeals of Washington · 1975

3 more not listed; retrieve them via the Exa API.

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