Stablein v. Hutterische Gemeinde
South Dakota Supreme Court
Appeal from Circuit 'Court, Hutchinson 'County. Hon. Robbrt B. Tripp, Judge. Action by O. K. Stablein, against Hutterische Gemeinde, a corporation, to recover a broker’s commission on sale of realty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit 'Court, Hutchinson 'County. Hon. Robbrt B. Tripp, Judge. Action by O. K. Stablein, against Hutterische Gemeinde, a corporation, to recover a broker’s commission on sale of realty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Tyler v. Anglo-American 'Savings and Loan Association, 52 N. Y. Supplement 77. (2) To point-two,-'Respondent cited: Thompson on Corp. Secs. 4697, 3905-6; Chicago v. Stein, 1912 D. Ann. 294. (3) To point three, Appellant cited: Thompson on Corp. Sec. 1493. .…
1Opinion of the CourtGates, J.
Action to recover commission as real estate broker. The plaintiff appeals from a judgment entered upon a directed verdict and from an order denying a new trial.
The evidence on the part of plaintiff tended to show that he was employed by defendant, a .corporation, to find a purchaser for its property known as “O'ld Elmsprings Colony” consisting of about 5,300 acres at the price of $65 per acre, of which one-fourth was to be paid down and the balance in cash on or before January 1, 1919; that plaintiff’s commission for his services was agreed to in the sum of $1 per acre; that he produced a…
2Cases cited5 opinions
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Neiderlander v. StarrSupreme Court of Kansas · 1893
- Huntemer v. ArentSouth Dakota Supreme Court · 1903
- Rathbun v. McLaySupreme Court of Connecticut · 1903
- Tyler v. Anglo-American Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Larson v. SyversonSouth Dakota Supreme Court · 1969
- Engler v. Ipswich Printing Co.South Dakota Supreme Court · 1934
- Charles E. Walters Co. v. HahnSouth Dakota Supreme Court · 1920
- Smith v. McKeeSouth Dakota Supreme Court · 1929
- Stablein v. Hutterische GemeindeSouth Dakota Supreme Court · 1922