Fritsch v. Hess
Utah Supreme Court
Appeal from District Court, Third District; Hon. C. W. Morse, Judge. Action by J. A. Fritsch against Henry J. Hess. Judgment for defendant. Plaintiff appeals. APPELLANT’S POINTS.
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Appeal from District Court, Third District; Hon. C. W. Morse, Judge. Action by J. A. Fritsch against Henry J. Hess. Judgment for defendant. Plaintiff appeals. APPELLANT’S POINTS. We submit that the plaintiff’s right to the commission became fixed and absolute upon the acceptance by defendant of the offer contained in plaintiff’s wire of July 11th, and the mere fact that he went further and endeavored to consummate an arrangement whereby the defendant would obtain more ready cash could not in any way alter his right to the commission which was already earned. The fact that he aft-erwards…
1Opinion of the Court
LOOFBOUEOW, District Judge.
The plaintiff brought this action against the defendant to recover the sum of $150 claimed to be due him for services under employment as a real estate broker. He alleged in the first count of the complaint that he was a duly licensed real estate broker, authorized to sell real estate as agent upon commission, within Salt Lake City, Utah, and that between June 28, 1911, and July 31, 1912, at Salt Lake City, Utah, plaintiff performed services for defendant at defendant’s special instance and request in and about the sale of and procuring a customer for the purchase…
2Cases cited5 opinions
- Mattingly v. PennieCalifornia Supreme Court · 1895
- Gunn v. Bank of CaliforniaCalifornia Supreme Court · 1893
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Pehl v. FantonCalifornia Court of Appeal · 1911
- Edwards v. LairdCalifornia Court of Appeal · 1913
3Cited by2 opinions
- Watson v. OdellUtah Supreme Court · 1921
- Van Leeuwen v. HuffakerUtah Supreme Court · 1929