Horton v. Immen
Michigan Supreme Court
Error to Kent; Perkins, J. Assumpsit by Erastus J. Horton against Frederick Immen for a commission on the sale of real estate. There was judgment for defendant, and plaintiff brings error.. Plaintiff is a real estate broker and seeks to recover a commission upon a contract by which he claims that he was to furnish a purchaser for the defendant’s land, a block in the city of Grand Rapids.
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Error to Kent; Perkins, J. Assumpsit by Erastus J. Horton against Frederick Immen for a commission on the sale of real estate. There was judgment for defendant, and plaintiff brings error.. Plaintiff is a real estate broker and seeks to recover a commission upon a contract by which he claims that he was to furnish a purchaser for the defendant’s land, a block in the city of Grand Rapids. He had had a verbal contract by which, if he obtained a purchaser of the property at $58,000, he was to receive a commission of $1,000. The case was tried before the court without a jury, a finding of facts…
1Opinion of the CourtGrant, J.
(after stating the facts). Counsel for the plaintiff insist that there is no justification for the judgment in the finding of facts. Under the findings the oral arrangement for the payment of $1,000 for a purchaser at $58,000 was voluntarily abandoned. Plaintiff testified,, as stated in the finding of facts, that he told defendant,, *439“ I will tell you, if you close up a deal with him [the proposed purchaser] for less than $58,000, I will take $500 for my commission.” Thereupon defendant drew up and presented to the plaintiff for his signature the following memorandum, which was duly signed by…
2Cited by6 opinions
- Craib v. Committee on National Missions of the Presbytery of Detroit of the United Presbyterian Church, U.S.A.Michigan Court of Appeals · 1975
- Peacock v. StinchcombMichigan Supreme Court · 1915
- Cunningham v. GarberMichigan Supreme Court · 1960
- Holmes Realty Co. v. SilcoxMichigan Supreme Court · 1916
- D. & W. Rottschafer Real Estate v. MorrisMichigan Supreme Court · 1928
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