Schaeffer v. Mutual Benefit Life Insurance
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Lincoln H. Schaeffer against the Mutual Benefit Life Insurance Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Lincoln H. Schaeffer against the Mutual Benefit Life Insurance Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Where an agent is employed for the sale of property, a contract between him and an intended buyer for the payment of a commission by the latter to the former, in ease of a sale, is illegal on account of its tendency to cause the agent to violate his duty to the seller. (15 Am. & Eng. Eney. of Law, 2d ed., 947.) When an agent acts for both parties in…
1Opinion of the CourtJustice Holloway
This action was brought to recover the sum of $1,000 and interest. The complaint alleges that about June 1, 1905, plaintiff and defendant entered into a contract by which plaintiff agreed to purchase from defendant, and defendant agreed to sell to plaintiff, the Denver Block in Helena; that, pursuant to said agreement, plaintiff paid to the defendant $5,000 on the purchase price, and collected certain rents from the property; that thereafter, about June 20, 1905, by mutual consent, the contract was rescinded, and each party thereto agreed to return to the *461other whatever of value he had…
2Cases cited5 opinions
- Jackson v. BadgerSupreme Court of Minnesota · 1886
- Moore v. SkylesMontana Supreme Court · 1905
- Brown v. GradyWyoming Supreme Court · 1907
- Miller v. WehrmanNebraska Supreme Court · 1908
- Dozier v. FreemanMississippi Supreme Court · 1873
3Cited by6 opinions
- Schaeffer v. MillerMontana Supreme Court · 1910
- Schulz v. PeakeMontana Supreme Court · 1978
- Benema v. Union Central Life InsuranceMontana Supreme Court · 1933
- Northwestern Electric Equipment Co. v. LeightonMontana Supreme Court · 1923
- Barrett v. McHattieMontana Supreme Court · 1936
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