Mattes v. Engel
South Dakota Supreme Court
Appeal form circuit court, Pennington county. Hon. Levi McGee, Judge. Action by John G. Mattes against August Engel and another. Judgment for plaintiff. Defendants appeal. Both the pleadings and the evidence show a contract for a certain sum of money absolutely. The verdict in such a case must be for* the whole amount or nothing. The jury cannot in such a case take half of plaintiff’s theory and half of defendant’s and make a decision.
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Appeal form circuit court, Pennington county. Hon. Levi McGee, Judge. Action by John G. Mattes against August Engel and another. Judgment for plaintiff. Defendants appeal. Both the pleadings and the evidence show a contract for a certain sum of money absolutely. The verdict in such a case must be for* the whole amount or nothing. The jury cannot in such a case take half of plaintiff’s theory and half of defendant’s and make a decision. Hammer v. Merrick, 21 Pac. 783; Metz v. Campbell Co., 32 N. Y. S. 155; Cannon v. Smith, 66 N. W. 999; Walter A. Wood Co. v. Hancock, 23 S. W. 384; Ins. Co. v.…
1Opinion of the CourtFuller, J.
To enforce compliance with the terms of an allegad oral agreement between plaintiff and the defendants, by the terms of which the latter agreed to pay the former a commission of $5,000 for procuring a purchaser of certain mining • property at $6o,ooo, in deferred payments, this action was instituted, and prosecuted to a judgment for $2,500 in favor of plaintiff, from which the defendants appeal.
While insisting that respondent was not entitled to the stipulated commission until all the purchase price had been received, appellants concede that respondent'was the procuring cause of the following…
2Cases cited11 opinions
- Brackenridge v. Claridge & PayneTexas Supreme Court · 1898
- Gilder v. . DavisNew York Court of Appeals · 1893
- Ward v. CobbMassachusetts Supreme Judicial Court · 1889
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Willes v. SmithWisconsin Supreme Court · 1890
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3Cited by2 opinions
- Watters v. DanceySouth Dakota Supreme Court · 1909
- Miller v. JohnsonSouth Dakota Supreme Court · 1926