Nyhart v. Pennington
Montana Supreme Court
Appeal from District Court, Madison county. Theodore Brantt/y, Judge. Action by J. L. Nyhart and another against J. Pennington and another. From a judgment for plaintiffs and from an order denying their motion for new trial, defendants appeal. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Madison county. Theodore Brantt/y, Judge. Action by J. L. Nyhart and another against J. Pennington and another. From a judgment for plaintiffs and from an order denying their motion for new trial, defendants appeal. Statement of the case by the justice delivering the opinion. Plaintiffs and respondents brought this action against the defendants and appellants to recover the sum of §2,000 alleged to be a reasonable commission for effecting a sale of certain mines in Madison county, Montana, belonging to the defendants. In their complaint, plaintiffs aver that…
1Opinion of the CourtHunt, J.
It is contended by the appellants that the verdict is against the evidence; but we do not think so. The plaintiffs testified substantially that Mr. Pennington, one of the defendants, about the middle of June, 1893, told one of the plaintiffs that if he could find a man who would take a bond on the mines, and sell them, he would pay the plaintiff well for it; that the plaintiff, J. L. Nyhart, undertook to find a purchaser, and in July, after the agreement with the de*160fendant, plaintiff sent his father to see Mr. Freed,-of Dillon, Montana, in relation to buying the mines; that subsequently Mr.…
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