Legal Opinion

Walling v. Poulsen

Michigan Supreme Court

Decided March 19, 1910No. Docket No. 50PublishedCited by 4 opinions

Error to Calhoun; North, J. Assumpsit by Earl G. Walling and Elizabeth Walling against Alfred E. Poulsen for money had and received. A judgment for plaintiffs is reviewed by defendant on writ of error.

1Opinion of the CourtBrooke, J.

Plaintiffs were owners of a lot in Battle Creek, and defendant is a real estate dealer in the same city. In March, 1907, plaintiffs, intending to leave the city, and desiring to dispose of all their property therein, gave to defendant a list, in which was included the lot in question. Upon that occasion defendant endeavored to secure from plaintiffs a contract for the exclusive handling of the property, but this the plaintiffs declined to give, whereupon plaintiffs testify defendant said:

“Well, this is a pretty good line of property, and I guess I can afford to list it without a contract for…

2Cases cited5 opinions

  1. People ex rel. Plugger v. Township Board of OverysselMichigan Supreme Court · 1863
  2. Moore v. MandlebaumMichigan Supreme Court · 1860
  3. Beardslee v. HortonMichigan Supreme Court · 1855
  4. Hannan v. PrentisMichigan Supreme Court · 1900
  5. Harty v. TeaganMichigan Supreme Court · 1907

3Cited by4 opinions

  1. Rattray v. ScudderCalifornia Supreme Court · 1946
  2. Pittsburgh Equitable Meter Co. v. Paul C. Loeber & Co.Court of Appeals for the Seventh Circuit · 1947
  3. Williams v. BoltMichigan Supreme Court · 1912
  4. Rattray v. ScudderCalifornia Supreme Court · 1946

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