Ball v. Dolan
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Frank C. Ball against Charles R. Dolan. From a judgment for defendant plaintiff appeals.
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Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Frank C. Ball against Charles R. Dolan. From a judgment for defendant plaintiff appeals. Where the terms of sale are fixed by the vendor in accordance with which the broker undertakes to procure a purchaser yet, if, upon the procurement, of the broker a purchaser comes with whom the vendor negotiates, and thereupon voluntary reduces the price oif the property, or the quantity, or otherwise changes the terms of sale, as proposed to- the broker, so that a sale is consumated, or terms or conditions are offered which the…
1Opinion of the CourtCorson, J.
This is an appeal by- the plaintiff from a judgment upon a directed verdict in favor of the defendant. The case was before us on a former appeal taken from a judgment in favor of the plaintiff, and is reported in 18 S. D. -558, 101 N. W. 719. The facts, are so fully set out in the opinion on- that appeal that a further statement of them does not seem to be necessary, except to say that after the remittitur was sent down to the circuit court the plaintiff on application was permitted to amend his complaint by making it an aotion for the value of his services instead of an action upon the…
2Cases cited17 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Babcock v. MerrittColorado Court of Appeals · 1891
- McArthur v. SlausonWisconsin Supreme Court · 1881
- Antisdel v. CanfieldMichigan Supreme Court · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Thurston v. Cedric Sanders CompanySouth Dakota Supreme Court · 1963
- Ryken v. BlumerSouth Dakota Supreme Court · 1981
- Mid-America Marketing Corp. v. Dakota Industries, Inc.South Dakota Supreme Court · 1979
- Dancy v. BakerSupreme Court of Alabama · 1921
8 more not listed; retrieve them via the Exa API.