Stiewel v. Lally
Supreme Court of Arkansas
Appeal from Pulaski Cricuit court, Second Division; Edward W. Winfield, Judge; 1. The two writings were complementary to each other, and are unambiguous. They limit the authority to sell to thirty days and prescribe the terms of sale. There was no evidence to support a verdict for a commission of 2 x/z per cent., or what was a reasonable compensation. 2. The case should have been taken from the jury.
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Appeal from Pulaski Cricuit court, Second Division; Edward W. Winfield, Judge; 1. The two writings were complementary to each other, and are unambiguous. They limit the authority to sell to thirty days and prescribe the terms of sale. There was no evidence to support a verdict for a commission of 2 x/z per cent., or what was a reasonable compensation. 2. The case should have been taken from the jury. To entitle a real estate agent to commissions, there must be a contract of employment. 18 -Col. 496; 33 Pac. 163; 79 Tex. 454; 15 S. W. 483; 36 Id. 805; 54 Minn. 341; 56 N. W. 40; 29 S. W. 438;…
1Opinion of the CourtMcCulloch, J.
This is an action at law instituted by M. A. Dally and D. S. Cherry against Abe Stiewel to recover a sum alleged to be due as commission on sale of a coal mine and lands owned by the latter, situated in Johnson County, Arkansas.
In the first paragraph of the complaint the plaintiffs alleged that the defendant entered into a written contract with them, a copy of which contract is exhibited with the complaint, whereby the defendant employed them to sell said property for ■a sum not less than $350,000 and agreed to pay them as compensation for their said services all of the purchase price in…
2Cases cited20 opinions
- Miller v. AmmonSupreme Court of the United States · 1892
- Pangborn v. WestlakeSupreme Court of Iowa · 1873
- Gilder v. . DavisNew York Court of Appeals · 1893
- Scott v. Patterson & ParkerSupreme Court of Arkansas · 1890
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
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3Cited by25 opinions
- United States Ex Rel. Gillioz v. John Kerns Const. Co.Court of Appeals for the Eighth Circuit · 1944
- Hodges v. BayleySupreme Court of Arkansas · 1912
- Widing v. JENSEN, REAL ESTATE COMMISSIONEROregon Supreme Court · 1962
- Shober v. BlackfordMontana Supreme Court · 1912
- Baker v. CurtisCalifornia Court of Appeal · 1951
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