Leonard v. Roberts
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action for commissions for the sale of real estate. Judgment for plaintiff for $1,500. Defendants appeal. Both plaintiff and defendants were real estate brokers. Shaw, a nonresident owner of certain property in the city of Denver, placed the same with a Boston firm of brokers for sale for $65,000 net to the owner.
Read the full summary
Appeal from the District Court of Arapahoe County. Action for commissions for the sale of real estate. Judgment for plaintiff for $1,500. Defendants appeal. Both plaintiff and defendants were real estate brokers. Shaw, a nonresident owner of certain property in the city of Denver, placed the same with a Boston firm of brokers for sale for $65,000 net to the owner. This firm in turn listed the property with Leonard & Montgomery of Denver, for sale at $70,000, $65,000 of this amount to. go to owner, $3,000 to Leonard & Montgomery as commissions, and the balance to the Boston brokers. .Leonard &…
1Opinion of the CourtChief Justice Hayt
In the first count in the complaint a special contract is relied upon; in the second plaintiff seeks to recover upon, a quantum meruit. It is admitted that the cause of action is the same in both counts, the double statement being used for the purpose of meeting the exigencies of the proofs. At the trial the court was asked to require the plaintiff to elect upon Avhich count he would proceed. This the court declined to do, and this ruling is assigned for error.
At common law it Avas the custom to plead the same cause of action in different forms to avoid the objection of variance between the…
2Cases cited8 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Lincoln v. McClatchieSupreme Court of Connecticut · 1869
- Whitney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Wilson v. SmithCalifornia Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Vindicator Consolidated Gold Mining Co. v. FirstbrookSupreme Court of Colorado · 1906
- Enyart v. OrrSupreme Court of Colorado · 1925
- Shober v. BlackfordMontana Supreme Court · 1912
- Cripple Creek Mining Co. v. BrabantSupreme Court of Colorado · 1906
- Artlin Realty Co. v. GlassSupreme Court of Oklahoma · 1935
13 more not listed; retrieve them via the Exa API.