Legal Opinion

Boqua v. Marshall

Supreme Court of Arkansas

Decided December 7, 1908PublishedCited by 12 opinions

Appeal from Sebastian Chancery Court; I. Virgil Bourland, Chancellor; 1. Under the evidence, it was error to give judgment in favor of Marshall for any amount; but if his contention is correct, then he would be entitled only to one-half of the commission of $10,000.00 (the amount named in the contract) after the firm expenses in negotiating and finally concluding the sale were deducted. 2. But the offer to sell made by Latham to the firm was for a limited time and to certain…

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Appeal from Sebastian Chancery Court; I. Virgil Bourland, Chancellor; 1. Under the evidence, it was error to give judgment in favor of Marshall for any amount; but if his contention is correct, then he would be entitled only to one-half of the commission of $10,000.00 (the amount named in the contract) after the firm expenses in negotiating and finally concluding the sale were deducted. 2. But the offer to sell made by Latham to the firm was for a limited time and to certain prospective purchasers, Mor doff and Hammond, and that offer was revoked when Latham sold an option to Boqua, Jr., and…

1Opinion of the CourtMcCulloch, J.

This is an action to recover an interest in broker’s commissions on the sale of the capital stock of the Pan Telephone Company of Fort Smith, Arkansas, appellee (the plaintiff below) claiming to have been a member of a firm of brokers who, it is alleged, made the sale and earned the commission. During the summer of 1905 appellee Marshall and appellant A. E. Boqua, Jr., formed a co-partnership under the firm name of Marshall-Boqua Realty Company, and on October 12, 1905, Mr. Latham, the owner of 597 out of the 600 shares of the telephone stock, entered into a contract with the firm whereby he…

2Cases cited6 opinions

  1. Scott v. Patterson & ParkerSupreme Court of Arkansas · 1890
  2. Branch v. MooreSupreme Court of Arkansas · 1907
  3. St. L., I. M. & S. Ry. v. Camden BankSupreme Court of Arkansas · 1886
  4. Lanigan v. NorthSupreme Court of Arkansas · 1901
  5. Hunton v. MarshallSupreme Court of Arkansas · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Lind v. WebberNevada Supreme Court · 1913
  2. Dexter & Carpenter, Inc. v. HoustonCourt of Appeals for the Fourth Circuit · 1927
  3. Botsford v. Van RiperNevada Supreme Court · 1910
  4. Young v. GarrettCourt of Appeals for the Eighth Circuit · 1945
  5. Simpson v. Richmond Worsted Spinning Co.Supreme Judicial Court of Maine · 1929

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