Plant v. Thompson
Supreme Court of Kansas
Error from Shawnee District Court. Action brought by Thompson & Miller to recover of D. A. Plant and wife their commission for a sale of real estate. The plaintiffs were partners, selling real estate on commission.
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Error from Shawnee District Court. Action brought by Thompson & Miller to recover of D. A. Plant and wife their commission for a sale of real estate. The plaintiffs were partners, selling real estate on commission. The defendants placed in their hands in January, 1887, a farm in Shawnee county for sale, the plaintiffs say for the price of $3,750, the defendants $4,000. The farm was subsequently sold to George Kellam by Mrs. Plant for $3,500. The plaintiffs, shortly after the farm was left with them for sale, called Kellam’s attention to it, and at that time 4ie said he had a brother-in-law…
1Opinion of the Court
Opinion by
Hoi/r, C.:
In the petition in error the overruling of the motion for a new trial is not assigned as an error, but there is no point made upon this plainly and squarely in the briefs of plaintiffs. If the attention of defendants had been called to it, that defect might have been cured in this court; in the manner it is presented in the briefs we shall disregard it. The defendants claim that there was error in giving and refusing instructions, and that the verdict is contrary to the evidence. There is really but little conflict in the evidence brought before us. Taking even the…
2Cases cited17 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
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- Stewart v. MatherWisconsin Supreme Court · 1873
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- Reynolds v. TompkinsWest Virginia Supreme Court · 1883
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3Cited by25 opinions
- Smith v. SharpeSupreme Court of Alabama · 1909
- Karr v. MoffettSupreme Court of Kansas · 1919
- Morgan v. WheelerSupreme Court of Kansas · 1939
- Humphrey v. KnobelNevada Supreme Court · 1962
- Barrett v. BallardMontana Supreme Court · 1980
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