Fultz v. Wimer
Supreme Court of Kansas
Fh'ror from Sumner District Court. Action brought before a justice of the peace of Sumner county, by George R. Fultz against David J. Wimer, to recover the sum of $65, which the plaintiff claimed was due him from the defendant for services rendered by him in selling the defendant’s farm. The defendant had judgment before the justice of the peace, and the plaintiff appealed to the district court of Sumner county.
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Fh'ror from Sumner District Court. Action brought before a justice of the peace of Sumner county, by George R. Fultz against David J. Wimer, to recover the sum of $65, which the plaintiff claimed was due him from the defendant for services rendered by him in selling the defendant’s farm. The defendant had judgment before the justice of the peace, and the plaintiff appealed to the district court of Sumner county. On April 8, 1882, the following amended bill of particulars, in words and figures to wit, was filed, (court and title omitted:) “Said plaintiff, for his amended bill of particulars in…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The facts in this case are substantially as follows': On June 18, 1881, David J. Wimer executed and delivered to George R. Fultz a written agreement describing his farm and authorizing Fultz to sell the same for $1,300, and providing that the land should be left with Fultz for sale for two months from said June 18th. The contract contained this provision:
“ If said lands, or any part thereof, are sold by myself or others during said two months, I will pay George R. Fultz *579his commission thereon at the following rates, viz.: On sums of $500…
2Cases cited2 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
3Cited by23 opinions
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- Brown v. MasonCalifornia Supreme Court · 1909
- Ropes v. John Rosenfeld's SonsCalifornia Supreme Court · 1905
- Karr v. MoffettSupreme Court of Kansas · 1919
- Morgan v. WheelerSupreme Court of Kansas · 1939
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