Morey v. Harvey
Supreme Court of Colorado
M’ror to the District Court of Arapahoe County. Plaintiff in error, as plaintiff below, filed bis complaint in three counts.
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M’ror to the District Court of Arapahoe County. Plaintiff in error, as plaintiff below, filed bis complaint in three counts. In the first he alleges, inter alia, that the defendant, William Harvey, on November 10, 1887, was the owner of an eighty acre tract of land near Larkspur, Colorado, known as “ The Red Sandstone Quarry, ” and that he employed plaintiff to find a purchaser for and negotiate a sale of this property, and that for his services in this behalf he agreed to pay plaintiff what the same were reasonably worth. It is further averred that the defendant then and there authorized…
1Opinion of the CourtChief Justice Hayt
The foregoing summary of the pleadings will show that thé suit is based upon a single cause of action. This cause of action is stated differently in the several counts, undoubtedly for the purpose of providing against the varied aspects which the proof might assume upon trial. In the first count the plaintiff seeks to recover upon the quantum meruit; in the second he pleads an express agreement, by the terms of which he was to receive the sum of $5,000 for his services as a broker in making a sale of defendant’s property. At the trial, the district court held that the plaintiff was only…
2Cited by1 opinion
- Harvey v. MoreySupreme Court of Colorado · 1896