Farmer v. Holmes
North Dakota Supreme Court
Appeal from the District Court of Cass County, Chas. A. Pollock, J. Action to recover for commissions earned. Judgment for plaintiff. Defendants appeal. “Becolleetions are somewhat dim and impressions deceitful and illusory, but' the written words stand and speak a uniform language.”
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Appeal from the District Court of Cass County, Chas. A. Pollock, J. Action to recover for commissions earned. Judgment for plaintiff. Defendants appeal. “Becolleetions are somewhat dim and impressions deceitful and illusory, but' the written words stand and speak a uniform language.” Kent v. Manchester, 29 Barb. 595; 1 Moore, Facts, p. 16. “If the amount of compensation is fixed by express contract, the broker is not entitled to a reasonable compensation independently of the contract.” 19 Cyc. 236; McDermott v. Abney, 106 Iowa, 749, 77 N. W. 505; Beatty v. Bussell, 41 Neb. 321, 59 N. W. 919;…
1Opinion of the CourtBruce, J.
This is an action to recover 50 cents an acre, which it is claimed is the reasonable value of services rendered in selling 3,456.75 acres of land for and on behalf of the defendants, Holmes and Bakke. The court refused a motion to direct a verdict for the defendants, and the defendants now appeal from a judgment rendered on the verdict of the jury.
The complaint alleges “that the plaintiff was employed by said defendants to aid them in and about their business of selling lands, and to find and bring purchasers for lands owned by said defendants, and which said defendants otherwise had for sale…
2Cases cited28 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- Armstrong v. WannSupreme Court of Minnesota · 1882
- Holdridge v. StowellSupreme Court of Minnesota · 1888
- Putnam v. HowSupreme Court of Minnesota · 1888
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3Cited by8 opinions
- Froh v. HeinNorth Dakota Supreme Court · 1949
- Kruger v. SoreideNorth Dakota Supreme Court · 1976
- Myra Foundation v. HarveyNorth Dakota Supreme Court · 1959
- Foot, Schulze & Co. v. SkeffingtonNorth Dakota Supreme Court · 1925
- Miller v. JohnsonSouth Dakota Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.