Spaulding v. Saltiel
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Appellee, Emanuel H. Saltiel, brought this action in the district court to recover the sum of $2,000 upon an express contract for commissions for the sale of real estate situate in the city of Denver. The cause was tried three times in the court below. Upon the first and second trials the jury disagreed.
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Appeal from the District Court of Arapahoe County. Appellee, Emanuel H. Saltiel, brought this action in the district court to recover the sum of $2,000 upon an express contract for commissions for the sale of real estate situate in the city of Denver. The cause was tried three times in the court below. Upon the first and second trials the jury disagreed. The third resulted in a verdict and judgment for the plaintiff for the sum of $2,000, from which judgment this appeal is taken.
1Per curiam
The argument of appellant for reversal is based upon two grounds: First, that the verdict is not in accordance with the law ; and second, that the verdict is unsupported by the evidence. The complaint at first filed contained two counts. Afterwards, the second count was eliminated by the court and a third count added by leave of. court, so that at the trial the complaint contained but two counts. The averments show that both are founded upon the same cause of action. They are stated differently, as was a common practice at the common law to meet the varying aspects of proof.
In the court below…
2Cases cited5 opinions
- Finnerty v. FritzSupreme Court of Colorado · 1879
- Northern Pacific Railroad v. PaineSupreme Court of the United States · 1887
- Cramer v. OppensteinSupreme Court of Colorado · 1891
- Barker v. HawleySupreme Court of Colorado · 1878
- Taylor v. RandallSupreme Court of Colorado · 1877
3Cited by11 opinions
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Leonard v. RobertsSupreme Court of Colorado · 1894
- Cripple Creek Mining Co. v. BrabantSupreme Court of Colorado · 1906
- Powley v. SwensenCalifornia Supreme Court · 1905
- Perkins v. RussellSupreme Court of Colorado · 1913
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