Grangaard v. Betzina
North Dakota Supreme Court
Appeal from tbe district court of Barnes County, Coffey, J”. Action to recover commission on a sale of real estate. Judgment for plaintiff.. Defendant appeals. A broker is not entitled to compensation until he has performed the contract according to its specific terms, where there is no waiver, or ratification of other acts.
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Appeal from tbe district court of Barnes County, Coffey, J”. Action to recover commission on a sale of real estate. Judgment for plaintiff.. Defendant appeals. A broker is not entitled to compensation until he has performed the contract according to its specific terms, where there is no waiver, or ratification of other acts. A real estate broker who is to secure a buyer on specific terms, price and compensation, is not entitled to any compensation until such buyer is produced. 19 Cyc. 240; Anderson v. Johnson, 16 N. D. 174, 112 N. W. 139; Larson v. Newman, 19 N. D. 153, 23 L.R.A.(N.S.) 849,…
1Opinion of the CourtBruce, J.
We are of the opinion that the trial court erred in not directing a verdict for the defendant. There was a complete variance between the proof and the complaint. In his complaint the plaintiff pleads a contract of employment for finding a purchaser for the appellant’s land, and that he was to have a dollar an acre for finding such purchaser, without regard to the price to be paid by such purchaser for the property. In his evidence he declares that he was to find a purchaser and to cause the sale of the land to him at $50 per acre, out of which purchase price the respondent was to receive $1…
2Cases cited8 opinions
- Gage v. BillingCalifornia Court of Appeal · 1910
- Good v. ErkerMissouri Court of Appeals · 1913
- Paulson v. ReedsNorth Dakota Supreme Court · 1916
- Terry v. BartlettWisconsin Supreme Court · 1913
- Anderson v. JohnsonNorth Dakota Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kruger v. SoreideNorth Dakota Supreme Court · 1976
- Melzner v. TomanNorth Dakota Supreme Court · 1929
- Red River Valley Land Co. v. HutchinsonNorth Dakota Supreme Court · 1918
- Froling v. OdegardNorth Dakota Supreme Court · 1954
- Pehrson v. SchafferNorth Dakota Supreme Court · 1972
1 more not listed; retrieve them via the Exa API.