Phelps v. Hale
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Hon. Peter L. Palmer, Judge. Action by John S. Hale against Alfred C. Phelps and Clara A. Phelps, his wife. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtJustice Helm
Appellee, who was plaintiff below, brought suit against appellants and secured judgment for commissions on the sale of the Idledale ranch in Jefferson county belonging to them. The recovery is contested in this court upon two grounds, viz.: First, *256because uo agency or employment of -plaintiff by defendants was shown; second, because it does not appear that plaintiff was the procuring cause of the sale.
The burden of establishing both of these propositions by a fair preponderance of the evidence was upon plaintiff. Before he could recover he was required to prove his authority to sell the…
2Cited by1 opinion
- Klipfel v. BowesSupreme Court of Colorado · 1942