Rucker v. Wheeler
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. : The case as stated by the court was as follows: The cause of action set out in the first count of the complaint is, that the defendant in error, who was the defendant below, agreed with the plaintiff in error that if the latter assisted the former and his agents, in purchasing the interest of Julia Webber in the Emma lode mining claim at a price not exceeding forty thousand dollars, he should…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. : The case as stated by the court was as follows: The cause of action set out in the first count of the complaint is, that the defendant in error, who was the defendant below, agreed with the plaintiff in error that if the latter assisted the former and his agents, in purchasing the interest of Julia Webber in the Emma lode mining claim at a price not exceeding forty thousand dollars, he should receive for his services' the sum of ten thousand dollars, but only five thousand dollars if the defendant was compelled to…
1Opinion of the CourtJustice Harlan
1. We perceive no error in the court’s charge to the jury upon the cause of action set out in the first count' of the complaint, namely, as to whether any such agreement as that alleged was ever made between the plaintiff and the defendant.
■ The court properly said:
“ On the cause of action as stated here, in order to show any right upon the part of the plaintiff to the commission for which he sues, in making the sale, the proof must be of a sale made to the defendant, or an agreement for a sale to be made to the defendant, not a sale to Judkins and Devereux, not a sale to Judkins and the…
2Cases cited3 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- United States v. Philadelphia & Reading RailroadSupreme Court of the United States · 1887
- St. Louis, Iron Mountain & Southern Railway v. VickersSupreme Court of the United States · 1887
3Cited by41 opinions
- Starr v. United StatesSupreme Court of the United States · 1894
- Graham & the Title Guaranty & Surety Co. v. United StatesSupreme Court of the United States · 1913
- Lovejoy v. United StatesSupreme Court of the United States · 1888
- Fredrick v. United StatesCourt of Appeals for the Ninth Circuit · 1947
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
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