Louva v. Worden
North Dakota Supreme Court
Appeal from District Court, Cass County, O. A. Pollock, J. From a judgment in plaintiff’s favor, defendant appeals. Where a broker with whom lands are listed by the owner for sale at a net price sells same for an amount in excess of such net price, he is not entitled to retain as his commissions all of the excess amount obtained, without a special contract to that effect.
Read the full summary
Appeal from District Court, Cass County, O. A. Pollock, J. From a judgment in plaintiff’s favor, defendant appeals. Where a broker with whom lands are listed by the owner for sale at a net price sells same for an amount in excess of such net price, he is not entitled to retain as his commissions all of the excess amount obtained, without a special contract to that effect. He is simply entitled to reasonable compensation for his services, not exceeding the excess above such net price. Turnley v. Micheál, 4 Tex. App. Civ. Gas. (Will-son), 363, 15 S. W. 912; Scott v. Hartley, 126 Ind. 239, 25 N.…
1Opinion of the Court
Fisk, Ch. J.
Plaintiff seeks to recover from defendant a balance claimed to be due as commission for the sale of a half section of land in Stutsman county. Paragraph 2 of the complaint alleges in substance that on or about December 15, 1912,.defendant employed plaintiff to find a purchaser for such land, and that the parties entered into a verbal contract by the terms of which the defendant undertook to find a purchaser on the following terms: Plaintiff was to pay his own expenses in advertising and soliciting a buyer, and defendant agreed; to sell the land to any purchaser that the: plaintiff…
2Cases cited6 opinions
- Ford v. BrownCalifornia Supreme Court · 1898
- Scott v. HartleyIndiana Supreme Court · 1890
- Allen v. J. A. Clopton Realty Co.Court of Appeals of Texas · 1911
- Chezum v. KreighbaumWashington Supreme Court · 1892
- Boysen v. RobertsonSupreme Court of Arkansas · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bateman v. RichardSupreme Court of Oklahoma · 1925
- La Beaume v. Smith, Albin PeayCourt of Appeals of Texas · 1922
- Paulson v. ReedsNorth Dakota Supreme Court · 1916
- Harris v. Van VrankenNorth Dakota Supreme Court · 1915
- John Fink Agency v. DoughertySuperior Court of Pennsylvania · 1927
5 more not listed; retrieve them via the Exa API.