Young v. Metcalf Land Co.
North Dakota Supreme Court
Appeal from District Court, Cass -county; Chas. A. Pollock, J. Action by James C. Young against the Metcalf Land Company. Judgment for plaintiff, and defendant appeals. Where no terms are fixed by contract, the broker is to submit offers for his employer’s approval; the broker is not entitled to his commission until his employer accepts the offer. 23 Am. & Eng.
Read the full summary
Appeal from District Court, Cass -county; Chas. A. Pollock, J. Action by James C. Young against the Metcalf Land Company. Judgment for plaintiff, and defendant appeals. Where no terms are fixed by contract, the broker is to submit offers for his employer’s approval; the broker is not entitled to his commission until his employer accepts the offer. 23 Am. & Eng. Enc. -of Law (2nd.) 921; Sawyer v. Bowman-, 59 N. W. 27; Goin v. Hess, 71 N. W. 218; Berry v. Tweed, -61 N. W. 858 ; Kiam v. Turner, 21 Tex. Civ. App. 417. A broker must submit a buyer who is ready, willing and able to purchase on…
1DissentEllsworth, J.
(dissenting.) I deem that a 'better understanding of all matters passed upon by the court in this case can be secured by making the points considered on rehearing the subject of a separate dissent as suggested by the arrangement adopted in the majority opinion. The remarkable shift in position of the parties which took place upon the rehearing of this appeal renders such division into parts almost necessary. Further than this, it better serves to illustrate the changes in view of the parties and of -a majority of the court between the first hearing and rehearing and to bring out perhaps…
2Cases cited10 opinions
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Kimberly v. HendersonCourt of Appeals of Maryland · 1868
- Iselin v. GriffithSupreme Court of Iowa · 1883
- Flynn v. JordalSupreme Court of Iowa · 1904
5 more not listed; retrieve them via the Exa API.