Latshaw v. Moore
Supreme Court of Kansas
Error from Ellsworth District Court. ACTION by Moore Brothers to recover from Latshaw Brothers $500 as commission for the sale of a gristmill owned by the latter, and situated at Wilson.
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Error from Ellsworth District Court. ACTION by Moore Brothers to recover from Latshaw Brothers $500 as commission for the sale of a gristmill owned by the latter, and situated at Wilson. It was alleged that in May, 1887, Latshaw Brothers entered into a verbal agreement with Moore Brothers to pay them the commission mentioned if they would procure a sale of the mill property or a trade which they would accept, and that in pursuance of this agreement they procured a purchaser in the person of Oscar Voightlauder, who consummated a purchase or trade for the mill in June, 1887. The defense of…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
J It is conceded that Moore Brothers were employed as brokers to negotiate a sale or exchange of the mill property, and, according to their testimony, the terms of the verbal agreement upon which they recovered in this action were, that Latshaw Brothers would pay them $500 as commission if they would find a purchaser or trade for the mill which Latshaw Brothers would accept. They are not entitled to recover upon this contract unless they were the efficient, immediate and procuring cause of the sale. Upon this question the special findings…
2Cases cited5 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Ward v. FletcherMassachusetts Supreme Judicial Court · 1878
- Livezy v. MillerCourt of Appeals of Maryland · 1884
- Eggleston v. AustinSupreme Court of Kansas · 1882
3Cited by6 opinions
- Beougher v. ClarkSupreme Court of Kansas · 1909
- Farmer v. HolmesNorth Dakota Supreme Court · 1916
- Reed v. TaylorWyoming Supreme Court · 1958
- Trimble v. DowellSupreme Court of Kansas · 1925
- Peek v. SliferAppellate Court of Illinois · 1905
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