Dexter v. Collins
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County, This was an action by the appellees, as plaintiffs below, to recover from the appellant, as defendant, commissions alleged to be due on the sale of defendant’s real- estate by plaintiffs.
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Appeal from, the District Court of Arapahoe County, This was an action by the appellees, as plaintiffs below, to recover from the appellant, as defendant, commissions alleged to be due on the sale of defendant’s real- estate by plaintiffs. The complaint stated an express contract between the parties, whereby the defendant agreed to pay the plaintiffs the sum of $2,500 for procuring a purchaser to buy the defendant’s property at the agreed price of $100,000. At the close of the plaintiffs’ testimony, leave was asked by them, and granted by the court, to amend the complaint by inserting a…
1Opinion of the CourtJustice Campbell
Numerous errors are assigned, but we shall consider only three of them, as their determination necessitates a reversal of the judgment. There was a direct conflict between the testimony of Shackelford, one of the plaintiffs, and the defendant Dexter, as to the making of the contract for the services of the plaintiffs as brokers to sell the defendant’s real • estate. Shackelford testified that the defendant employed the plaintiffs to sell the property in question for $100,000, and agreed to give them as a commission for the sale 2^'per cent of the selling price, or the sum of $2,500. This the…
2Cases cited8 opinions
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Baird v. . GillettNew York Court of Appeals · 1872
- Paddleford v. CookSupreme Court of Iowa · 1888
- Denver, South Park & Pacific R. R. v. MoynahanSupreme Court of Colorado · 1884
- Luce v. HoisingtonSupreme Court of Vermont · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Davis Cattle Co., Inc. v. Great Western Sugar CompanyDistrict Court, D. Colorado · 1975
- Cree v. LewisSupreme Court of Colorado · 1910
- Board of County Commissioners v. WheelerSupreme Court of Colorado · 1907
- In Re Estate of GranberryColorado Court of Appeals · 1972
- Hurlburt v. DusenberySupreme Court of Colorado · 1899
8 more not listed; retrieve them via the Exa API.